Standing Committee D

[Mr. Frank Cook in the Chair]

Civil Partnership Bill [Lords]

Clauses 238 and 239 ordered to stand part of the Bill. 
 Schedule 22 agreed to. 
 Clause 240 ordered to stand part of the Bill. 
 Schedule 23 agreed to. 
 Clauses 241 to 244 ordered to stand part of the Bill.

Angela Eagle: On a point of order, Mr. Cook. I rise because I had occasion earlier today to read Hansard for the third sitting on Thursday 21 October. This issue arises because I did not check the record before it was printed, as one has a chance to do, and I apologise to the Committee for that.
 In my speech, which begins in column 104, I used the phrase ''gay and lesbian people'' rather a lot. However, Hansard has recorded ''gay'' but missed out ''lesbian''. In some areas, ''gay'' refers overwhelmingly to men and does not include women. I just want to make it clear on the record, if that is possible, that I said ''gay and lesbian'' and that all my references to ''gay'' in Hansard also refer to lesbians. Part of the trouble that lesbians have is that they are invisible, and I do not want to be seen to fall into that trap. I request that Hansard include the word ''lesbian'' if it passes my lips.

Christopher Chope: Further to that point of order, Mr. Cook. Would the hon. Lady accept that it is shorter and simpler just to say same-sex?

Frank Cook: Order. The point of order is for the Chair. I would appreciate it if hon. Members would address their point of order to the Chair and not elsewhere.
 On the point of order, I am happy that the hon. Lady has had the opportunity to put her concerns on the record. I am sure that Hansard will print her comments very clearly on this occasion, and I hope that she will be able to point to the appropriate column to correct any misunderstanding of her earlier comments.

Schedule 24 - Social security, child support and tax credits

Jacqui Smith: I beg to move amendment No. 79, in schedule 24, page 319, line 19, at end insert—
'In section 8 (role of the courts with respect to maintenance for children), after subsection (11)(e) insert— 
 ''(ea) Schedule 6, 7 or 8 to the Civil Partnership Act 2004; or''.'.

Frank Cook: With this it will be convenient to discuss the following:
 Government amendments Nos. 80 to 95.

Jacqui Smith: These amendments to do with social
 security legislation have been identified in addition to those already included in schedule 24. If I spell out what schedule 24 covers, it may be helpful in understanding the amendments.
 The schedule makes consequential changes to legislation covering child support, social security, pensions, benefits and tax credits. The amendments are a necessary consequence of the Bill's proposals for a new legal status for same-sex couples in the UK and are technical in nature. They do not seek to change the way in which the social security system operates but will ensure parity of treatment between opposite-sex and same-sex couples. The general intention is to ensure that civil partners are treated in the same way as married couples. 
 Furthermore, provision is made for same-sex couples who are not in a civil partnership but who live together as if they were civil partners to be treated in the same way as unmarried opposite-sex couples who are living together as husband and wife. These general principles are applied throughout the schedule. 
 Parts 1, 2, 8 and 9 cover child support arrangements. Parts 3 and 4 make a range of arrangements in respect of the income-related benefits, including income support, income-based jobseeker's allowance, housing benefit and council tax benefit, child benefit and guardian's allowance, adult dependency increases and state pensions, bereavement benefits, and various miscellaneous administrative arrangements. Parts 5 and 6 make similar social security arrangements in respect of certain benefits in Northern Ireland; parts 7 and 10 cover claims for jobseeker's allowance from joint claim couples; part 11 covers state pension credit and part 12 amends tax credits legislation. 
 Schedule 24, as I am sure hon. Members who have had a chance to read it in detail will confirm, is very full. However, we identified in addition to the areas already covered in schedule 4, a few amendments. Government amendments Nos. 79 to 95 are a necessary consequence of the Bill's proposals for a new legal relationship of civil partnerships for same-sex couples in the UK. They do not seek to change the way that the social security legislation operates but simply ensure the parity of treatment that I have outlined. They are in addition to the considerable range of issues already covered in schedule 24. On that basis I commend them to the Committee. 
 Amendment agreed to. 
 Amendments made: No. 80, in schedule 24, page 320, line 32, at end insert— 
'In Article 10 (role of the courts with respect to maintenance for children), after paragraph (11)(d) insert— 
 ''(da) Schedule 16, 17 or 18 to the Civil Partnership Act 2004; or''.'.
 No. 81, in schedule 24, page 325, line 16, at end insert— 
'In section 61A (contributions paid in error), in subsection (3)— 
 (a) after ''spouse'' insert ''or civil partner'', and 
 (b) in paragraph (b), for ''widows or widowers'' substitute ''widows, widowers or surviving civil partners''.'.
 No. 82, in schedule 24, page 326, line 13, at end insert— 
'In section 113 (general provisions as to disqualification and suspension), in subsection (1), for ''wife or husband,'' substitute ''wife, husband or civil partner,''.'.
 No. 83, in schedule 24, page 328, line 4, at end insert— 
'In section 171ZL (entitlement to statutory adoption pay), in subsection (4)(b)— 
 (a) after ''married couple'' insert ''or civil partnership'', and 
 (b) after ''spouse'' (in each place) insert ''or civil partner''.'.
 No. 84, in schedule 24, page 328, line 20, at end insert— 
'( ) In paragraph 5(2)(a)(ii) of Part 1, after ''spouses'' insert ''or civil partners''.'.
 No. 85, in schedule 24, page 330, line 5, leave out paragraph 58 and insert— 
'58 (1) Amend section 107 (recovery of expenditure on income support: additional amounts and transfer of orders) as follows. 
 (2) In subsection (1)(b), after ''wife'' insert ''or civil partner''. 
 (3) In subsection (15), after paragraph (a)(ii) of the definition of ''maintenance order'' insert— 
 ''(iii) any order under Schedule 8 to the Civil Partnership Act 2004 for the making of periodical payments or for the payment of a lump sum;''.'.
 No. 86, in schedule 24, page 334, line 14, at end insert— 
' In section 61A (contributions paid in error), in subsection (3)— 
 (a) after ''spouse'' insert ''or civil partner'', and 
 (b) in paragraph (b), for ''widows or widowers'' substitute ''widows, widowers or surviving civil partners''.'.
 No. 87, in schedule 24, page 335, line 10, at end insert— 
'In section 113 (general provisions as to disqualification and suspension), in subsection (1), for ''wife or husband,'' substitute ''wife, husband or civil partner,''.'.
 No. 88, in schedule 24, page 337, line 3, at end insert— 
'In section 167ZL (entitlement to statutory adoption pay), in subsection (4)(b)— 
 (a) after ''married couple'' insert ''or civil partnership'', and 
 (b) after ''spouse'' (in each place) insert ''or civil partner''.'.
 No. 89, in schedule 24, page 337, line 19, at end insert— 
'( ) In paragraph 5(2)(a)(ii) of Part 1, after ''spouses'' insert ''or civil partners''.'.
 No. 90, in schedule 24, page 339, line 13, at end insert— 
'In section 3 (the income-based conditions), in subsection (1)(dd) and (e), for ''married or unmarried couple'' substitute ''couple''. 
 In section 15 (effect on other claimants), in subsection (2)(b), for ''married or unmarried couple'' substitute ''couple''. 
 In section 15A (trade disputes: joint-claim couples), in subsection (5)(c), for ''married or unmarried couple'' substitute ''couple''.'.
 No. 91, in schedule 24, page 339, line 15, at end insert— 
'In section 31 (termination of awards), in subsections (1) and (2), for ''married or unmarried couple'' substitute ''couple''.'.
 No. 92, in schedule 24, page 339, line 40, at end insert— 
'In Schedule 1 (supplementary provisions), in paragraph 9C(1), 
for ''married or unmarried couple'' substitute ''couple''.'.
 No. 93, in schedule 24, page 341, line 33, at end insert— 
'In Article 5 (the income-based conditions), in paragraphs (1)(dd) and (e), for ''married or unmarried couple'' substitute ''couple''. 
 In Article 17 (effect on other claimants), in paragraph (2)(b), for ''married or unmarried couple'' substitute ''couple''. 
 In Article 17A (trade disputes: joint-claim couples), in paragraph (5)(c), for ''married or unmarried couple'' substitute ''couple''.'.
 No. 94, in schedule 24, page 341, line 35, at end insert— 
'In Article 32 (termination of awards), in paragraphs (1) and (2), for ''married or unmarried couple'' substitute ''couple''. 
 In Schedule 1 (supplementary provisions), in paragraph 9C(1), for ''married or unmarried couple'' substitute ''couple''.'.
 No. 95, in schedule 24, page 341, line 35, at end insert— 
Amendments of the Social Security Act 1998 (c.14) 
 (1) Amend section 72 (power to reduce child benefit for lone parents) as follows. 
 (2) In subsection (2), after ''spouse'' (in each place) insert ''or civil partner''. 
 (3) After subsection (2) insert— 
 ''(3) For the purpose of this section, a parent is to be regarded as living with another person as his civil partner if, but only if, he would be regarded as living with the other person as his spouse, were they instead two people of the opposite sex.'' 
 Part 10B 
 Amendments of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) 
 (1) Amend Article 68 (power to reduce child benefit for lone parents) as follows. 
 (2) In paragraph (2), after ''spouse'' (in each place) insert ''or civil partner''. 
 (3) After paragraph (2) insert— 
 ''(3) For the purpose of this Article, a parent is to be regarded as living with another person as his civil partner if, but only if, he would be regarded as living with the other person as his spouse, were they instead two people of the opposite sex.''.'.—[Jacqui Smith.]
 Schedule 24, as amended, agreed to.

Clause 245 - Power to amend enactments relating to pensions

Alistair Carmichael: I beg to move amendment No. 180, in clause 245, page 119, line 23, after 'amendments', insert
'(including the power to make retrospective pension provision)'.

Frank Cook: With this it will be convenient to discuss the following:
 Amendment No. 181, in clause 245, page 119, line 25, after 'pensions', insert 
'(including private sector schemes, both contracted-in and contracted-out)'.
 Amendment No. 244, in clause 245, page 119, line 41, at end insert 
'and calculated on the same basis'.

Alistair Carmichael: In moving this amendment, which stands in my name and that of my hon. Friend the Member for Gordon (Malcolm Bruce), I place on record my appreciation of the great progress that the
 Government have made in respect of pension provisions in the Bill. At the end of consideration on Second Reading, the Under-Secretary of State for Scotland, the hon. Member for Stirling (Mrs. McGuire), announced that same-sex couples in public service schemes would benefit from equal treatment with married couples or mixed-sexed couples in relation to the backdating of their entitlement to 1988. The Minister said that that did not require amendments to the Bill. On this occasion, I am happy simply to let the Government honour their word.
 The amendments that stand in my name and that of my hon. Friend the Member for Gordon relate to those people who become parties to civil partnerships and who are in receipt of income from a private scheme. It is a mopping-up exercise. It is accepted that 75 per cent. of the schemes that would be affected by the amendments—

Chris Bryant: 91 per cent.

Alistair Carmichael: The hon. Gentleman says from a sedentary position that the figure is 91 per cent. The figure that I used came from a Unison briefing that was given to me. Perhaps the hon. Gentleman can explain how he got to 91 per cent. At any rate, we are talking about a high level of provision as matters stand. The Unison briefing, which was supported by both Unison and Amicus, also shows that the figure for those funds that persist in not accepting same-sex couples is only 9 per cent.
 The question is straightforward. It is one of equality of provision. That lies at the heart of the Bill. The amendment would place an obligation on all such schemes to make that provision. I am sorry to labour the point about the small number of pension funds that are affected but it is important because it means that the cost would be fairly minimal. It is difficult to ascertain exactly what that cost would be, but we can say with a degree of confidence that it would be fairly small. 
 A number of different groups are affected. One group that has been brought to my attention is that of those who previously contributed to public sector pension service schemes but were then contracted out as the service that they were providing was privatised or contracted out. The important point to note is that those people are often on the lowest of incomes, and any assistance that can be given to them would have a considerable—one might almost say, a disproportionate—effect. As I said on Second Reading about public service pensions, there is also a spin-off benefit in that if people are to obtain benefits from pension schemes in that way, they would obviously not be relying on state benefits such as pension credit and the like.

John Bercow: I apologise in advance if I am being slow in picking up the hon. Gentleman's argument. Amendment No. 180 is clearly about enshrining the power of retrospection. Is the hon. Gentleman telling the Committee that, on the whole, he thinks that, in relation to contracted-out arrangements operated by the private sector, good
 practice will tend to prevail but that the purpose of his amendment is to adopt a belt-and-braces approach?

Alistair Carmichael: In essence, that is what I am saying in a roundabout way. The fact that only 9 per cent. of pension funds do not recognise same-sex couples gives weight to the argument. That figure is down from 12 per cent. in 2000, so the trend is on our side. However, when we have an opportunity at this stage in legislation to make provision for everyone, it is incumbent on us to take that opportunity. That is why I felt it was important to start by accentuating the positive.
 The Government have taken on the bulk of people who were going to suffer some discrimination but there remain a small but significant number of people who will be affected and placed in an unequal position. Accordingly, it was necessary to table the amendments in order to hear the Government's position on the matter.

Angela Eagle: I rise to speak to my amendment No. 244, make an observation about amendment No. 180 and discuss the general issue. One of the best discussions of this issue one finds appears on page 12 in the Fifteenth Report of the Joint Committee on Human Rights—paper HL 136. It sets out the problem with the Bill as drafted prior to the Government making their welcome announcement on Second Reading that they would remedy it. The Bill extends to civil partners survivor pension rights, first to the state pension as provided for in clause 244 and in paragraph 3 of schedule 23. It is available to surviving civil partners.
 I thank the Government for happily conceding that there was a problem with the Bill on Second Reading. As it was originally drafted, it would have entitled survivors who were civil partners to approved pensions only from the date of the commencement of the Bill rather than 1988 when most other survivor pension rights are due. 
 The hon. Member for Orkney and Shetland (Mr. Carmichael) was somewhat sceptical when my right hon. Friend the Minister announced at the beginning of the debate that she and the Government were willing to consider the issue again. The hon. Gentleman decided, rather cynically, that it was a way of getting her through Second Reading. Happily, that uncharacteristic burst of cynicism was gloriously proved to be completely unfounded when my hon. Friend the Under-Secretary of State for Scotland announced at the end of that debate that the Government had seen a way through the problem and were willing to ensure in secondary legislation that survivors' benefits in state occupational pensions would go back, as with the vast majority of other provision, to 1998. 
 It is important to say that this is an issue of equity and not retrospectivity. It bears on the wording of amendment No. 180. People who have not been allowed to register partnerships or get married pay the same contributions as those who have. Even though they are in parallel circumstances they have never been able to benefit from the survivor benefits of 
 either a state pension or, increasingly, the vast majority of private occupational pension schemes. The Government's late but welcome change of heart says not that there is retrospectivity, because that is enormously disruptive to existing pension schemes and should be avoided, but that there is equity for contributions already paid. It is an important distinction, which the wording of amendment No. 180 fudges. 
 Turning to the final amendment in this group, it is welcome that the Government have conceded in respect of the vast majority of survivor benefits dating back to 1988. Only the small percentage of people who are in private sector schemes, having contracted out of the state earnings-related pension scheme, would—as things stand at the moment and without Government amendment—qualify for survivor benefits. On the figures put forward, only 9 per cent. of those in private sector schemes would qualify for survivors' benefit from 2005, which is when, we understand, the Bill will come into effect. Again, it seems wrong that that anomaly should remain, which is why I tabled amendment No. 244. I doubt whether the drafting is as perfect as it might be in the circumstances—this is a complex Bill—but it emphasises that there is a small group of people in an anomalous position. 
 When I was a Minister at the then Department of Social Security, individuals in contracted-out schemes were not put at a disadvantage from the position they would have been in if they had been in non-contracted out, SERPS-based schemes. At present, a small group of people will be at a disadvantage. Unison has made submissions and representations to me, as has Amicus, other trade unions and the Trades Union Congress, and they have a fair point. I shall be interested to see whether my right hon. Friend the Minister will be as accommodating on this last remaining kink in the survivors' pension issue as she was on Second Reading. If that were so, I am sure that the hon. Member for Orkney and Shetland would, with joy in his heart, withdraw his amendment and await what she introduced on Report.

Alan Duncan: I am slightly puzzled by the meaning of the words in the amendment tabled by the hon. Member for Wallasey (Angela Eagle). Clause 245(4) allows—it does not compel—the provision with respect to widows, widowers and independent persons to be made in different ways. The hon. Lady wants to add the words
''and calculated on the same basis.''
 I cannot get my head round that. On the same basis as what, and will it be ''may'' or ''should''? Perhaps I do not fully understand the grammar, but it may also be puzzling for lawyers. Perhaps the Minister is convinced that it makes sense. If she is and can explain, I would go along with it, but I cannot make clear sense of it at the moment, so I ask the Minister to do so.

Jacqui Smith: Today's debate has, to some extent, been a continuation of the case made by some of my
 hon. Friends on Second Reading. As my hon. Friend the Member for Wallasey identified, it was made very strongly by several of my hon. Friends, Stonewall, several trade unions, the TUC and many individual correspondents with me and other Ministers. The Government have listened carefully to the debate on survivor pension provision for civil partners and to those representations from the wide range of organisations and colleagues from whom they have come. That is why, as the hon. Member for Orkney and Shetland pointed out, we announced on Second Reading that surviving civil partners in public service schemes will accrue rights on the basis of service from 1988. That will not require further amendment to the Bill, because public service schemes already have sufficient powers to amend their schemes in line with that announcement. As my hon. Friend and the hon. Member for Orkney and Shetland have said, that provides equality and parity for the vast majority of those pension schemes that do not already have a parity of provision in survivor benefits for same-sex and opposite-sex partners.
 However, my hon. Friend and the hon. Gentleman have identified and continued to push for the final piece in the jigsaw of equality, if I may put it like that, on the Bill's current position on the rules around pensions that are contracted out. The Government have some sympathy with the argument that the picture will be complete when we are able to insert that last piece of the jigsaw, so I am pleased to announce that my right hon. Friend the Secretary of State for Work and Pensions has further agreed that all members of contracted-out pension schemes will be able to build up rights for surviving civil partners on the basis of the contracted-out rights accrued from 1988. That will achieve the objective rightly identified by my hon. Friend the Member for Wallasey of providing parity of treatment for surviving civil partners in contracted-out schemes—for example, survivors of members of schemes such as the privatised utility or transport companies. 
 That will require amendment to the Bill, and I know that that is what my hon. Friend the Member for Wallasey and the hon. Member for Orkney and Shetland have attempted in amendments Nos. 180 and 244. On judging between those, I am more taken by the arguments of my hon. Friend, whose amendment recognises this as an issue of equality and parity, than I am with the wording of amendment No. 180, which sees it as an issue of retrospection. However, even though I am more taken with my hon. Friend's arguments—this partly responds to the point made by the hon. Member for Rutland and Melton (Mr. Duncan)—a problem with amendment No. 244 is that I cannot be certain that it technically would achieve what it sets out to achieve, which is to allow schemes to calculate survivor benefits on the same basis as for widowers. 
 In fact, neither amendment would achieve precisely what we need, but I hope that hon. Members will be reassured if I say that following the agreement with my right hon. Friend the Secretary of State for Work and Pensions to which I have already alluded, the Government will further consider what amendment 
 to clause 245 is needed to ensure that its power can be used to require schemes that contract out to provide survivor benefits for civil partners on the basis of members' contracted-out rights accrued from 1988, and that we will look to introduce an amendment to fulfil that commitment on Report. 
 That will address the concerns that have been brought to our attention about employees in private pension schemes. It will achieve, as far as possible, pensions equality with surviving spouses in the requirements about surviving civil partners of members of contracted-out pension schemes. It is in line with the Government's policy on civil partnerships and with the decision on public service schemes announced on Second Reading. As I have suggested, that should meet all the concerns expressed by hon. Members and others outside the House of Commons, and I hope that on that basis, hon. Members will not seek to press their amendments.

Angela Eagle: My right hon. Friend's response, again, has filled us all with joy, at least on the Government side of the Committee, and I suspect various Members on the Opposition Benches. We all like to see jigsaws completed, especially jigsaws of equality.
 I have no pretension to being a lawyer, and although I do not have the chance to withdraw my amendment, there are those in government much better qualified than me to get the technicalities right to bring about the aim that my right hon. Friend has just expressed. As a former social security Minister, I would like to say that the involvement of my right hon. Friend the Secretary of State for Work and Pensions has had a positive effect, and I would like to place on record my thanks to him and Treasury Ministers for being so understanding. I look forward to the final piece of the jigsaw being put in place on Report.

Alistair Carmichael: The Minister leaves me at something of a loss. As far as I have understood it, proceedings in this place run something roughly along these lines: we make eminently sensible suggestions, Ministers stand up, suck their teeth and say, ''We'd like to, but we can't really'', there is a vote, we lose and that is the end of it. I did not realise until today that the mere expression of my scepticism was such a powerful tool. I shall bear that in mind for future reference.

John Bercow: I do not want to encourage the hon. Gentleman to entertain unrealistic expectations, but is this the first example of pre-emptive gratification that he has enjoyed and does he not think that we can look forward to other examples from the Treasury in future?

Alistair Carmichael: I am trying to get my mind round the concept of pre-emptive gratification. I suppose that I should take my hands out of my pockets as I do so.
 I am grateful to the Minister for having taken on the concerns, and in such circumstances I beg to ask leave to withdraw the amendment. 
 Amendment, by leave, withdrawn.

Jacqui Smith: I beg to move amendment No. 77, in clause 245, page 120, line 10, leave out from '(1)' to 'may' in line 14.

Frank Cook: With this it will be convenient to discuss Government amendment No. 78.

Jacqui Smith: This is a slightly less exciting but nevertheless important Government amendment, which contains the power to amend existing provisions within pensions legislation to make provision for surviving civil partners or dependents of deceased civil partners. I am sure that hon. Members will agree that the power will fulfil a useful purpose in line with the overall policy of the Bill. We have made it clear that we intend to use that power to amend the contracting-out rules governing private and public sector pensions, the judicial pension schemes and church legislation in relation to survivor pension benefits.
 In the other place, Lord Higgins drew attention to the report of the Delegated Powers and Regulatory Reform Committee, which recommends that in the clause either some indication of the policy should be included or, failing that, any order made under the clause, whether it amends an Act or not, should be subject to affirmative parliamentary procedure. Ideally, we would have included all those provisions in the Bill. 
 Clause 246 and schedule 25, which we shall come to, already include amendments to statutory pension schemes, but pensions legislation is immensely complex and detailed, as I have discovered during the past few weeks. It is therefore important to ensure that the changes made by the Bill fit with the overall scheme of that legislation, particularly as the Pensions Bill currently progressing through Parliament will make further changes. 
 I am happy to accept, however, that the exercising of the power that we are taking in the clause should be subject to full parliamentary agreement through use of the affirmative procedure, as the House of Lords required. That is what Government amendments Nos. 77 and 78 achieve.

Christopher Chope: I welcome the amendment as a step in the right direction, because without it the existing power would be extremely wide. However, I would be grateful if the Minister would answer a question that still troubles me. She said that clause 245 is subject to amendment because pensions legislation is very complicated. Similarly, inheritance tax law is highly complex. Why have the Government been prepared to incorporate in the Bill detailed provisions and powers in respect of pensions but have not been able to do anything about inheritance tax?

Jacqui Smith: As has been said previously, while we can appropriately legislate through the order-making power in respect of pensions in this legislation, it is a long-standing convention, not only of this Government, that tax provisions are the subject of Finance Bills because of the interrelatedness of all such matters. We made it completely clear that the inheritance tax implications of our policy will be made real in the first available Finance Bill. That is the right and appropriate place for considering such
 provisions, and I hope that the hon. Gentleman will take my assurance in respect of the policy that we have set down.

Christopher Chope: When the Minister says ''the first available'', does she mean the first one?

Jacqui Smith: No, I mean the first available Bill in which it is appropriate to put into place the tax changes that would come from the policy set out in this Bill. I assure the hon. Gentleman that we will certainly be in the position when we implement the provisions of the Bill also to have in place the tax provisions that will stem from it.
 Amendment agreed to. 
 Amendment made: No. 78, in clause 245, page 120, line 24, leave out subsections (11) and (12).—[Jacqui Smith.] 
 Clause 245, as amended, ordered to stand part of the Bill. 
 Clause 246 ordered to stand part of the Bill. 
 Schedule 25 agreed to. 
 Clause 247 ordered to stand part of the Bill. 
 Schedule 26 agreed to. 
 Clauses 248 and 249 ordered to stand part of the Bill.

Clause 250 - Community obligations and civil partners

Jacqui Smith: I beg to move amendment No. 114, in clause 250, page 123, line 16, leave out subsections (1) and (2) and insert—
'(1) Subsection (2) applies where any person, by Order in Council or regulations under section 2(2) of the European Communities Act 1972 (c.68) (general implementation of Treaties)— 
 (a) is making provision for the purpose of implementing, or for a purpose concerning, a Community obligation of the United Kingdom which relates to persons who are or have been parties to a marriage, or 
 (b) has made such provision and it has not been revoked. 
 (2) The appropriate person may by Order in Council or (as the case may be) by regulations make provision in relation to persons who are or have been civil partners in a civil partnership that is the same or similar to the provision referred to in subsection (1).'.

Frank Cook: With this it will be convenient to discuss Government amendment No. 115.

Jacqui Smith: The clause confers a power to make domestic provision for civil partners if European Community legislation requiring implementation deals with persons who are or have been married or whose marriage is void, but is silent about persons who are or have been in a civil partnership or whose civil partnership was void.
 The amendments have the effect of making possible the exercising of the power in clause 250 by any person who is exercising the power in section 2(2) of the European Communities Act 1972, or who would have that power if section 2(2) were being used at the same time as the exercising of the power in clause 250. That includes the devolved Administrations, in circumstances in which they would have the power to use section 2(2) of the 1972 Act. The amendments 
 ensure that the power in clause 250 is available where implementing measures are being made under section 2(2), and also where they have already been made. 
 The amendments add a power to make Orders in Council alongside the existing power to make regulations, and they apply to statutory instruments made under clause 250 the same procedural provisions that apply to instruments made under section 2(2) of the 1972 Act. 
 I have no doubt that that is clear to members of the Committee.

John Bercow: Will the Minister give way?

Jacqui Smith: Yes, I will and, what is more, I will answer the hon. Gentleman.

John Bercow: I do not think that in the parity of states one could wish for anything better. It is as clear as clear can be. However, I wonder whether the Minister would like to demonstrate her knowledge of the extent of the clarity by providing a practical example that we can long savour. I am sure that most of us strongly support what is proposed, but it would be quite helpful to know what it actually means.

Jacqui Smith: I would be delighted to explain to the Committee that the issue relates to the fact that although some EU legislation refers to a person's spouse, to date there has been little mention of registered or civil partners. That is basically the problem that we are trying to identify. We should be able to have a power that is analogous with that in section 2(2) of the 1972 Act in order to ensure that we can include civil partners. The new directive 2004/38/EC on free movement for EU citizens and their families may mark a turning point. However, there is no guarantee that future Community legislation will deal either at all, or clearly, with the position of civil partners. This power therefore enables the Government to make comparable domestic provision for civil partners where Community legislation requiring implementation deals with married persons but is silent in relation to civil partners.
 For example, the Department for Constitutional Affairs has relatively recently made an Order in Council under section 2(2) of the 1972 Act—I am sure that both the Act and the order will be familiar to hon. Members—to implement Community obligations relating to maintenance. It would not want to be restricted in the future to making regulations in order to avail itself of the power in clause 250 to make comparable provisions for civil partners. In other words, we could use the power in clause 250 to make provision for civil partners that is parallel with that being made, in respect of the example on which the hon. Member for Buckingham (Mr. Bercow) pressed me—by section 2(2) of the 1972 Act. 
 With that explanation, I hope that hon. Members will feel able to support the amendment. 
 Amendment agreed to. 
 Amendment made: No. 115, in clause 250, page 123, line 27, leave out subsections (4) to (7) and insert— 
'(4) ''The appropriate person'' means— 
 (a) if subsection (1)(a) applies, the person making the provision referred to there; 
 (b) if subsection (1)(b) applies, any person who would have power to make the provision referred to there if it were being made at the time of the exercise of the power under subsection (2). 
 (5) The following provisions apply in relation to the power conferred by subsection (2) to make an Order in Council or regulations as they apply in relation to the power conferred by section 2(2) of the 1972 Act to make an Order in Council or regulations— 
 (a) paragraph 2 of Schedule 2 to the 1972 Act (procedure etc.in relation to making of Orders in Council and regulations: general); 
 (b) paragraph 15(3)(c) of Schedule 8 to the Scotland Act 1998 (c.46) (modifications of paragraph 2 in relation to Scottish Ministers and to Orders in Council made on the recommendation of the First Minister); 
 (c) paragraph 3 of Schedule 2 to the 1972 Act (modifications of paragraph 2 in relation to Northern Ireland departments etc.)and the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12)) (treating the power conferred by subsection (2) as conferred by an Act passed before 1st January 1974 for the purposes of the application of that Order); 
 (d) section 29(3) of the Government of Wales Act 1998 (c.38) (modifications of paragraph 2 in relation to the National Assembly for Wales).'.—[Jacqui Smith.]
 Clause 250, as amended, ordered to stand part of the Bill.

Clause 251 - Minor and consequential amendments, repeals and revocations

Jacqui Smith: I beg to move amendment No. 116, in clause 251, page 124, line 2, at end insert—
'(2A) Schedule (Minor and consequential amendments: Northern Ireland) contains minor and consequential amendments relating to Northern Ireland.'.

Frank Cook: With this it will be convenient to discuss the following:
 Government amendments Nos. 127 to 135. 
 Amendment No. 230, in schedule 27, page 352, line 29, leave out paragraph 17. 
 Amendment No. 231, in schedule 27, page 352, line 31, leave out paragraph 18. 
 Government amendments Nos. 136 to 160. 
 Government amendments Nos. 99 to 113. 
 Government amendment No. 117. 
 Government new clause 3—Evidence. 
 Government new clause 7—Evidence (No.2). 
 Government new schedule 1—Minor and consequential amendments: Northern Ireland.

Jacqui Smith: These amendments will seem positively straightforward in comparison with some previous amendments. They make a number of changes to the minor and consequential amendments in schedules 27 and 28. Schedule 27 relates to England and Wales and schedule 28 relates to Scotland. New schedule 1 is a new minor and consequential amendments schedule for Northern Ireland. A number of small amendments are also being made to schedule 29 and to clauses 251 and 252. Those amendments are largely technical in nature. They are
 uncontroversial and they complement those already included in the Bill.

Chris Bryant: The Minister says that these are all minor amendments, but I congratulate the Government on the comprehensiveness of their desire to achieve equality, not least because they have noticed that some civil partners might have suffered the terrible injustice of not being able to retain a licence to hold a slaughterhouse after a death has occurred. The Government are being very comprehensive.

Jacqui Smith: I thank my hon. Friend for that observation. He is right; an awful lot of work has gone into trawling legislation that, as I suggested, goes back to the 1600s and the Declinature Acts. There is an awful lot of legislation to which minor and consequential amendments have been necessary because of the policy intentions of the Bill. I pay tribute to all those who did the trawling.
 As I suggested, the amendments are largely technical in nature. They are uncontroversial and complement those in the Bill. The additions to schedules 27 and 28 add references to a civil partner alongside existing references to a spouse. In several cases, the amendments provide clarification. For example, they clarify that the same exemption from giving evidence and the same limitations to that exemption would apply to civil partners as to married couples. 
 An example is the amendment to the Civil Evidence Act 1968 and the addition of new clauses 3 and 7, which ensure that civil partners are exempt from liability to be a compellable witness against their partner. That exemption is similar to the one currently enjoyed by spouses. Proposed subsection (1) of new clause 3, to be added after clause 82, inserts into the Bill provision that: 
''Any enactment or rule of law relating to the giving of evidence by a spouse''
 will also apply to the giving of evidence by a civil partner. However, subsection (2) sets out that the general provision in subsection (1) is subject to 
''any specific amendment made by or under this Act which relates to the giving of evidence by a civil partner.''
 In some cases, it will be helpful to amend specific provisions in other enactments or rules.

Alan Duncan: Given that we just decided that clause 249 should stand part of the Bill, does not the Minister have the power to make such subsequent amendments anyway?

Jacqui Smith: Clause 249 gives the power to make subsequent amendments, but it is right that we have done the trawling job and made clear in this legislation the implications for the vast variety of legislation that appears in schedules 27 and 28 and in the new schedule on Northern Ireland. The fact that we were able to do that provides certainty about the intent of the legislation. Of course, it is possible that we have missed something. The Bill is comprehensive, but we may have missed something, so it is important that the power set out in clause 249 is there as well.
 I was speaking to new clause 3, which relates to the limit on the compellability of civil partners to give 
 evidence against their partner. New clause 7, which is to be added after clause 201, mirrors new clause 3 and provides that the same rules of law that apply to the giving of evidence by a spouse in Northern Ireland also apply to the giving of evidence by a civil partner in the same circumstances. The Government's aim in tabling the amendments is to provide clarity and consistency. The amendments clarify that the same exemption from giving evidence, and the same limitations to that exemption, that apply to married couples will apply to civil partners. 
 However, the amendments cover other areas as well. Amendment No. 105 removes from schedule 28 an amendment to the Family Law Act 1986 ensuring that civil partnership proceedings would be recognised by the Scottish court. As the 1986 Act is a UK-wide measure and the required amendments for England, Wales and Northern Ireland are to be achieved by regulation, the necessary Scottish amendments will also be achieved through regulation to ensure consistency throughout the UK. 
 The Government's aim in tabling the amendments to schedules 27 and 28 is to provide clarity and consistency. All the amendments are consistent with the overall policy aim, which is to create provision for civil partners where legislation currently does so for marriage. 
 As I said, the new schedule adds an equivalent to schedules 27 and 28 for Northern Ireland. The thrust of the amendments to existing legislation in Northern Ireland follows exactly the same principle as the amendments to schedules 27 and 28, which is to extend the scope of the legislation being amended so that the rights, responsibilities and privileges attaching to marriage will attach also to civil partnership. The differences between the Northern Ireland schedule of minor and consequential amendments and schedule 27 simply reflect the different legislative history in Northern Ireland. 
 I hope that the amendments and new clauses will have the support of the Committee.

Christopher Chope: I should like briefly to address my amendments Nos. 230 and 231. Amendment No. 230 would remove paragraph 17 of schedule 27, and amendment No. 231 would remove paragraph 18. As members of the Committee are well aware, I take the view that it is a mistake to make civil partnership equivalent to marriage in all but name, which is what the Bill seeks to achieve. Some of the amendments, in particular the new clause on the Civil Evidence Act 1995, to which the Minister referred, emphasise my concerns that we are seeking to set up one type of relationship outside marriage in a position that is superior to that of other relationships. I do not understand why people who are cohabiting as husband and wife should not be able to have the same protection under the 1995 Act as people who have entered a civil partnership, but that is the import of her comments.
 My hon. Friend the Member for Rutland and Melton disagrees with me about that issue, but I know 
 that he respects our differences. I am sure that he would not wish me to miss this opportunity of reminding the Committee of my concerns. I have not been voting against all the Government amendments and new clauses, because I believe that it is important that we get on and discuss the proposals of my hon. Friend the Member for Lagan Valley (Mr. Donaldson), as the applicability of the Bill to Northern Ireland is a serious issue. We should get on with that. 
 My amendment puts into legal language my concern that a person should not be prevented from entering a real marriage because of a subsisting civil partnership that may have broken down but of which the other party is unwilling to let go. The amendment would ensure that, in such a situation, a civil partner would be able to enter a legal marriage.

Angela Eagle: Does the hon. Gentleman realise what contempt he shows and what hurt he causes when he uses pejorative terms such as ''real marriage'' to refer to the difference between civil partners who clearly cannot get married and those in marriage? Does he not think that it is time to reflect on the effect of such language on those involved?

Christopher Chope: I know that the hon. Lady sincerely holds different views from mine on this issue, but she will be aware that there is now such a thing as same-sex marriage in some European jurisdictions. I do not know whether she would describe same-sex marriage in those jurisdictions as real or unreal marriage. The language that we were brought up with in our everyday lives is now being changed. For example, people coming to my advice centre who describe themselves as partners now have to emphasise that they are cohabiting heterosexual partners, because all the emphasis now is on partnership equalling same-sex partnership. The word ''partner'' is being changed in its everyday usage, in the same way in which the word ''gay'' was changed a generation ago.
 The hon. Lady takes up this issue of real marriages as opposed to other partnerships. I emphasise—and this is the Government's view—that there is only one institution of marriage, and that is heterosexual marriage. Unfortunately, that is not now reflected in some of our European partners' jurisdictions. However, I pray in aid what happens in Portugal, where a subsequent marriage of a civil partner has the effect of dissolving that civil partnership and enabling the marriage to proceed.

Alistair Carmichael: Did I understand the hon. Gentleman to say earlier that he was not forcing Divisions in order that we might get to the amendment tabled by the hon. Member for Lagan Valley? Is he therefore conceding the point that the practice of repeated Division calling obstructs the progress of the Committee?

Christopher Chope: I am not saying that such proceedings obstruct the progress of the Committee. What I am saying—I surprised that the hon. Gentleman does not understand this—is that I resent the fact that we have not been able to debate this Bill as much as we would have wished, because of the timetable constraints imposed upon us. It is intolerable that, because of the
 guillotines, about 100 clauses have not been debated, including a host of Government amendments that could have been tabled in the other place.
 I am sure that when the Bill returns to the other place, their Lordships will be very concerned that a number of Government amendments have not been properly considered in Committee. That is not my fault; it is the fault of the Government's insensitivity to the Bill's controversial nature and their reluctance to agree to a more realistic timetable. This Bill is tantamount to a constitutional Bill. It will have a severe and major impact on the way in which people conduct themselves and on legal relationships. The Government should have been prepared to give as much time as was needed to debate it in Committee.

Frank Cook: Order. The hon. Gentleman's amendments refer to the deletion of a couple of paragraphs. I hope that he will confine his comments more directly to the amendments rather than ramble about constitutional change.

Christopher Chope: I am sorry, Mr. Cook. I only got into that subject in response to an intervention.

Frank Cook: Order. I ask the hon. Gentleman to return his attention to the amendments.

Christopher Chope: I shall certainly do so.
 Before I gave way to the hon. Member for Orkney and Shetland, I was concluding my remarks on amendment No. 230. Amendment No. 231 has a similar effect in relation to paragraph 18, and I expect that it will find as little favour with the Committee as some of my other amendments, but that does not mean that the idea that a subsequent marriage should be sufficient to dissolve a civil partnership is not already part of the law in Portugal. There is much to be said for making such provision in this country, because it would enable people to continue to get married when they wished to do so, if neither of them had previously been party to a marriage. The Bill creates a new bar on legal marriage, and my amendment would remove that bar.

Jacqui Smith: We got to the meat of the hon. Gentleman's amendments towards the end of his remarks. First, he is proposing to remove the Government's proposed amendment to section 11 of the Matrimonial Causes Act 1973, which will add as an additional ground the provision that a marriage will be void if at the time of the marriage either party is already a civil partner. Secondly, amendment No. 231 would remove the provision that the Bill adds to section 14 of the 1973 Act. The Government's amendment to paragraph 18 of schedule 27 provides that a marriage governed by law outside England and Wales will not be treated as valid if at the time of the celebration either party was already a civil partner.
 The crux of the matter is that the hon. Gentleman, as he said at the end of his remarks, wants there to be no restriction to prevent people currently in a civil partnership from entering a marriage. To be honest, I do not believe that he takes that view because he wants us to maintain consistency with Portugal. He takes such a view because he wants civil partnership to be 
 something that people can drift in and out of, and which has no significance whatever. The Government disagree.

John Bercow: I agree exactly with the Minister's critique of my hon. Friend's amendment. May I put it to her that a theme underlying the whole debate is that the essential contradiction in my hon. Friend's position, and that of people who think and speak in the same way, is that on the one hand they claim as a matter of prejudice that gay and lesbian relationships are essentially transitory and unstable, but on the other hand, they resist the opportunity to demonstrate the opposite through the vehicle provided by the Bill for the promotion of stable relationships? What they are really engaged in is an attempt at a self-fulfilling prophecy.

Jacqui Smith: The hon. Gentleman is absolutely right. There is complete illogicality in proclaiming, as I do, and as I suspect the hon. Member for Christchurch (Mr. Chope) would, the value of stable, committed, long-term relationships, but arguing against a provision to support and enable stable, long-term, committed relationships. The hon. Member for Christchurch has done that not only with these amendments but throughout our deliberations on the Bill.
 In the Government's view, a civil partnership is a serious commitment with legal consequences parallel to those of civil marriage. It is right that a marriage contracted when one party is already a civil partner should not be treated as valid. It is important for the status and dignity of civil partnerships that people should not be able to marry while they are still registered as civil partners. It is central to the Government's policy on civil partnerships that civil partners should have a legal relationship that precludes either marriage or entry into another civil partnership while the first civil partnership remains in existence. The hon. Gentleman's amendments would undermine that legal relationship. More importantly, they would undermine his own avowed intent to support stable, committed relationships. It is the Bill that supports that intention, and his amendments that undermine it. 
 Amendment agreed to. 
 Clause 251, as amended, ordered to stand part of the Bill.

Schedule 27 - Minor and consequential amendments: general

Amendments made: No. 127, in schedule 27, page 349, line 2, at end insert— 
'Explosive Substances Act 1883 (c.3) 
 In section 6 (inquiry by Attorney-General, and apprehension of absconding witnesses), in subsection (2), for ''husband or wife'' (in both places) substitute ''spouse or civil partner''. 
 Partnership Act 1890 (c.39) 
 In section 2 (rules for determining existence of partnership), in rule (3)(c), after ''widow'', insert '', widower, surviving civil partner''.'.
 No. 128, in schedule 27, page 349, line 5, at end insert— 
'Census Act 1920 (c.41) 
 In the Schedule (matters in respect of which particulars may be required), in paragraph 5 after ''as to marriage'', insert ''or civil partnership''.'.
 No. 129, in schedule 27, page 349, line 24, at end insert— 
'Judicial Proceedings (Regulation of Reports) Act 1926 (c.61) 
 (1) Amend section 1 (restriction on publication of reports of judicial proceedings) as follows. 
 (2) In subsection (1)(b), for ''or for restitution of conjugal rights'' substitute ''or for the dissolution or annulment of a civil partnership or for the separation of civil partners''. 
 (3) Omit subsection (5). 
 Population (Statistics) Act 1938 (c.12) 
 In the Schedule (particulars which may be required), in paragraph 2— 
 (a) in paragraph (a), for ''or divorced;'' substitute '', divorced, a civil partner or former civil partner, and, if a former civil partner, whether the civil partnership ended on death or dissolution;'', and 
 (b) in paragraph (b), after ''surviving spouse'', insert ''or civil partner''.'.—
 No. 130, in schedule 27, page 349, line 27, at end insert— 
'Limitation (Enemies and War Prisoners) Act 1945 (c.16) 
 In section 2 (interpretation), in the definition of ''statute of limitation'', after the entry relating to the Matrimonial Causes Act 1973 insert— 
 ''section 51(2) of the Civil Partnership Act 2004,''.'. 
 Statistics of Trade Act 1947 (c.39) 
 In section 10 (information from persons entering or leaving the United Kingdom by air), in subsection (1), after ''marriage'', insert ''or civil partnership''.'.
 No. 131, in schedule 27, page 350, line 15, at end insert— 
'In section 27 (notice of marriage), in subsection (3), for ''the name and surname, marital status, occupation, place of residence and nationality of each of the persons to be married'' substitute ''the name and surname, occupation, place of residence and nationality of each of the persons to be married, whether either of them has previously been married or formed a civil partnership and, if so, how the marriage or civil partnership ended''. 
 In section 28A (power to require evidence), for subsection (3) substitute— 
 ''(3) ''Specified evidence'', in relation to a person, means such evidence as may be specified in guidance issued by the Registrar General— 
 (a) of the person's name and surname, 
 (b) of the person's age, 
 (c) as to whether the person has previously been married or formed a civil partnership and, if so, as to the ending of the marriage or civil partnership, and 
 (d) of the person's nationality.'''.
 No. 132, in schedule 27, page 351, line 20, leave out paragraph 9 and insert— 
'9 (1) Amend section 16 (application of Part 2) as follows. 
 (2) After subsection (2)(a)(viii) insert— 
 ''(ix) Part 1, 7 or 8 of Schedule 6 to the Civil Partnership Act 2004, Schedule 7 to that Act or paragraph 5 or 9 of Schedule 8 to that Act;''. 
 (3) After subsection (2)(b)(ix) insert— 
 ''(x) an order made on an application under Schedule 12 to the Civil Partnership Act 2004;''. 
 (4) After subsection (2)(c)(ix) insert— 
 ''(x) Part 1, 6 or 7 of Schedule 16 to the Civil Partnership Act 2004, Schedule 17 to that Act or paragraph 5 or 9 of Schedule 18 to that Act;''.'.
 No. 133, in schedule 27, page 352, line 15, at end insert— 
'Offices, Shops and Railway Premises Act 1963 (c.41) 
 In section 2 (exception for premises in which only employer's relatives or outworkers work), in subsection (1), after ''wife'', insert '', civil partner''. 
 Industrial and Provident Societies Act 1965 (c.12) 
 (1) Amend section 23 (nomination to property in society) as follows. 
 (2) In subsection (2), for ''husband, wife,'' substitute ''spouse, civil partner,''. 
 (3) After subsection (6) insert— 
 ''(7) The formation of a civil partnership by a member of a society revokes any nomination made by him before the formation of the civil partnership; but if any property of that member has been transferred by an officer of the society in pursuance of the nomination in ignorance of a civil partnership formed by the nominator after the date of the nomination— 
 (a) the receipt of the nominee shall be a valid discharge to the society, and 
 (b) the society shall be under no liability to any other person claiming the property.'' 
 In section 25 (provision for intestacy), in subsection (2), after ''widower'', insert '', surviving civil partner''. 
 Criminal Appeal Act 1968 (c.19) 
 In section 44A (appeals in cases of death), in subsection (3)(a), after ''widower'', insert ''or surviving civil partner''. 
 Theft Act 1968 (c.60) 
 (1) Amend section 30 (husband and wife) as follows. 
 (2) In subsections (4) and (5), after ''wife or husband'', in each place except paragraph (a)(ii) to the proviso to subsection (4) insert ''or civil partner''. 
 (3) At the end of paragraph (a)(ii) to the proviso insert ''or 
 (iii) an order (wherever made) is in force providing for the separation of that person and his or her civil partner.'', 
 and omit ''or'' at the end of paragraph (a)(i) to the proviso. 
 (4) For the heading to section 30 substitute ''Spouses and civil partners''. 
 In section 31 (effect on civil proceedings and rights), in subsection (1)— 
 (a) for ''wife or husband'' substitute ''spouse or civil partner'', and 
 (b) for ''married after the making of the statement or admission) against the wife or husband'' substitute ''married or became civil partners after the making of the statement or admission) against the spouse or civil partner''. 
 Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c.63) 
 (1) Amend section 2 (restriction of publicity for certain matrimonial etc.proceedings) as follows. 
 (2) In subsection (1), after paragraph (d) insert— 
 ''(da) proceedings under Part 8 of Schedule 6 to the Civil Partnership Act 2004 (provision corresponding to the provision referred to in paragraph (c) above); 
 (db) proceedings under section 58 of the 2004 Act (declarations as to subsistence etc.of civil partnership);''. 
 (3) In subsection (3), after ''(1)(d)'' insert '' or (db)''. 
 Civil Evidence Act 1968 (c.64) 
 In section 14 (privilege against incrimination of self or spouse)— 
 (a) in subsection (1)(b), for ''husband or wife'' substitute ''spouse or civil partner'', and 
 (b) in the heading, after ''spouse'', insert ''or civil partner''. 
 Gaming Act 1968 (c.65) 
 In Schedule 2 (grant, renewal, cancellation and transfer of licences), in paragraph 35A(8)(a) for ''wife or husband'' substitute ''spouse or civil partner''. 
 Medicines Act 1968 (c.67) 
 In section 114 (supplementary provisions as to rights of entry and related rights), in subsection (4), for ''married) the husband or wife'' substitute ''married or a civil partner) the spouse or civil partner''.'.
 No. 134, in schedule 27, page 352, line 23, at end insert— 
'Attachment of Earnings Act 1971 (c.32) 
 In Schedule 1 (maintenance orders to which the 1971 Act applies), after paragraph 14 insert— 
 ''15 An order made under Schedule 6 to the Civil Partnership Act 2004 (financial relief in the High Court or a county court etc.),for periodical or other payments. 
 16 An order made under Schedule 7 to the 2004 Act (financial relief in magistrates' courts etc.),for maintenance or other payments to or in respect of a civil partner or child.'' 
 Criminal Damage Act 1971 (c.48) 
 In section 9 (evidence in connection with offences under the 1971 Act)— 
 (a) for ''wife or husband'' substitute ''spouse or civil partner'', and 
 (b) for ''married after the making of the statement or admission) against the wife or husband'' substitute ''married or became civil partners after the making of the statement or admission) against the spouse or civil partner''.'.
 No. 135, in schedule 27, page 352, line 27, at end insert— 
'Local Government Act 1972 (c.70) 
 In section 95 (pecuniary interests for purposes of section 94), after subsection (3) insert— 
 ''(4) In the case of civil partners living together the interest of one civil partner, shall, if known to the other, be deemed for the purpose of section 94 above to be also an interest of the other.'' 
 In section 96 (general notices and recording of disclosures for purposes of section 94), in subsection (1), after ''spouse'', (in each place) insert ''or civil partner''.'.
 No. 136, in schedule 27, page 353, line 33, at end insert— 
'Fair Trading Act 1973 (c.41) 
 In section 30 (offences in connection with exercise of powers under section 29), in subsection (6) for ''married) the husband or wife'' substitute ''married or a civil partner) the spouse or civil partner''.
Slaughterhouses Act 1974 (c.3) 
 In section 10 (temporary continuance of licence on death), for ''his personal representative, or of his widow or any other member of his family, until the expiration of two months from his death,'' substitute ''the deceased's personal representative, or widow or widower or surviving civil partner or any other member of the deceased's family, until the end of two months from the deceased's death,''. 
 Health and Safety at Work etc.Act 1974 (c.37) 
 In section 20 (powers of inspectors), in subsection (7), for ''husband or wife'' substitute ''spouse or civil partner''.'.
 No. 137, in schedule 27, page 353, line 34, at end insert— 
'In section 165 (obstruction of authorised officers), in subsection (3), for ''married) the husband or wife'' substitute ''married or a civil partner) the spouse or civil partner''.'.
 No. 138, in schedule 27, page 354, line 7, at end insert— 
'Friendly Societies Act 1974 (c.46) 
 (1) Amend section 66 (power of member to nominate person to receive sums payable on his death) as follows. 
 (2) In subsection (5)(a), for ''husband, wife,'' substitute ''spouse, civil partner,''. 
 (3) After subsection (7) insert— 
 ''(7A) The formation of a civil partnership by a member of the society or branch revokes any nomination previously made by that member under this section.'' 
 Rehabilitation of Offenders Act 1974 (c.53) 
 In section 7 (limitations on rehabilitation under the 1974 Act, etc.),in subsection (2)(c), after ''the marriage of any minor,'', insert ''or the formation of a civil partnership by any minor,''.'.
 No. 139, in schedule 27, page 354, line 15, at end insert— 
'Criminal Law Act 1977 (c.45) 
 In section 2 (exemptions from liability for conspiracy), in subsection (2)(a), after ''spouse'', insert ''or civil partner''.'.
 No. 140, in schedule 27, page 355, line 4, at end insert— 
'Protection of Children Act 1978 (c.37) 
 In section 1A (marriage and other relationships), in subsections (1)(a) and (2)(a) after ''were married'', insert ''or civil partners of each other''.'.
 No. 141, in schedule 27, page 355, line 14, at end insert— 
'In section 27 (obstruction and personation of authorised officers), in subsection (4), for ''husband or wife'' substitute ''spouse or civil partner''.'.
 No. 142, in schedule 27, page 355, line 22, at end insert— 
'Magistrates' Courts Act 1980 (c.43) 
 In section 59 (orders for periodical payments: means of payment), in subsection (7)(b), after ''Domestic Proceedings and Magistrates' Courts Act 1978'' insert ''or Schedule 7 to the Civil Partnership Act 2004''. 
 (1) Amend section 65 (meaning of family proceedings) as follows. 
 (2) After subsection (1)(c) insert— 
 ''(ca) Schedule 3 to the Civil Partnership Act 2004;''. 
 (3) After subsection (1)(ee) insert— 
 ''(ef) paragraphs 61 to 64 of Schedule 6 to the Civil Partnership Act 2004;''. 
 (4) After subsection (1)(j) insert— 
 ''(ja) Schedule 7 to the Civil Partnership Act 2004;''. 
 Disused Burial Grounds (Amendment) Act 1981 (c.18) 
 In section 9 (interpretation), in the definition of ''relative'', for ''husband or wife'' substitute ''spouse or civil partner''. 
 Forgery and Counterfeiting Act 1981 (c.45) 
 In section 5 (offences relating to money orders, share certificates, passports, etc.),in subsection (5)(l)— 
 (a) after ''adoptions, marriages'', insert '', civil partnerships'', and 
 (b) for ''register marriages'' substitute ''issue certified copies relating to such entries''.'.
 No. 143, in schedule 27, page 355, line 31, at end insert— 
'(1) Amend section 72 (withdrawal of privilege against incrimination of self or spouse in certain proceedings) as follows. 
 (2) In subsection (1), after ''spouse'', insert ''or civil partner''. 
 (3) In subsection (3), for ''married after the making of the statement or admission) against the spouse'' substitute ''married or became civil partners after the making of the statement or admission) against the spouse or civil partner''.'.
 No. 144, in schedule 27, page 355, line 33, leave out from 'after' to end of line 35 and insert 'sub-paragraph (h) insert— 
''(i) all civil partnership causes and matters (whether at first instance or on appeal); 
 (j) applications for consent to the formation of a civil partnership by a minor or for a declaration under paragraph 7 of Schedule 2 to the Civil Partnership Act 2004; 
 (k) applications under section 58 of that Act (declarations relating to civil partnerships).''.'
 No. 145, in schedule 27, page 356, line 18, at end insert— 
'Forfeiture Act 1982 (c.34) 
 In section 3 (application for financial provision not affected by forfeiture rule), in subsection (2), for paragraph (b) and the word ''and'' immediately preceding it substitute— 
 ''(b) sections 31(6) and 36(1) of the Matrimonial Causes Act 1973 (variation by court in England and Wales of periodical payments orders and maintenance agreements in respect of marriages); 
 (c) paragraphs 52(2) and 65(2) of Schedule 6 to the Civil Partnership Act 2004 (variation by court in England and Wales of periodical payments orders and maintenance agreements in respect of civil partnerships); and 
 (d) section 13(4) of the Family Law (Scotland) Act 1985 (variation etc.of periodical allowances in respect of marriages and civil partnerships).'' 
 Representation of the People Act 1983 (c.2) 
 (1) Amend section 14 (service qualification) as follows. 
 (2) In subsection (1)(d), for ''wife or husband'' substitute ''spouse or civil partner''. 
 (3) For subsection (1)(e) substitute—
''(e) is the spouse or civil partner of a person mentioned in paragraph (b) or paragraph (c) above and is residing outside the United Kingdom to be with his or her spouse or civil partner,''. 
 In section 16 (contents of service declaration), for ''wife or husband'' substitute ''spouse or civil partner''. 
 In section 59 (supplemental provisions as to members of forces and service voters), in subsection (3)(b), for ''by him and any wife of his or, as the case may be, by her and any husband of hers,'' substitute ''by that person and any spouse or civil partner of that person''. 
 In section 61 (other voting offences), in subsection (4), for ''husband, wife,'' substitute ''spouse, civil partner,''. 
 In section 141 (duty to answer relevant questions), in subsections (1)(a)(i) and (2)(a), for ''husband or wife,'' substitute ''spouse or civil partner,''. 
 (1) Amend Schedule 1 (parliamentary elections rules) as follows. 
 (2) In rule 11(4), for ''wife or husband'' substitute ''spouse or civil partner''. 
 (3) In rule 35(2), for ''husband (wife),'' (in both places) substitute ''spouse, civil partner,''. 
 (4) In rule 39(3)(b), for ''husband, wife,'' substitute ''spouse, civil partner,''. 
 (5) In rule 44(2)(b), for ''wives or husbands'' substitute ''spouses or civil partners''.'.
 No. 146, in schedule 27, page 361, line 2, at end insert— 
'Police and Criminal Evidence Act 1984 (c.60) 
 (1) Amend section 80 (compellability of accused's spouse) as follows. 
 (2) In subsections (2), (2A) and (3), for ''wife or husband'' (in each place) substitute ''spouse or civil partner''. 
 (3) After subsection (5) insert— 
 ''(5A) In any proceedings a person who has been but is no longer the civil partner of the accused shall be compellable to give evidence as if that person and the accused had never been civil partners.'' 
 (4) In the heading to section 80, after ''accused's spouse'' insert ''or civil partner''. 
 In section 80A (rule where accused's spouse not compellable)— 
 (a) for ''wife or husband'' substitute ''spouse or civil partner'', and 
 (b) in the heading, after ''spouse'', insert ''or civil partner''.'.
 No. 147, in schedule 27, page 361, line 28, at end insert— 
'57A (1) Amend section 742A (meaning of ''offer to the public'') as follows. 
 (2) In subsection (3)(a)(iii), after ''widower'', insert ''or surviving civil partner''. 
 (3) In subsection (6)(a), after ''spouse'', insert ''or civil partner''. 
 57B In Schedule 7 (matters to be dealt with in directors' report), in paragraph 2B(3), after ''spouse'', insert ''or civil partner''. 
 Enduring Powers of Attorney Act 1985 (c.29) 
 57C In section 3 (scope of authority etc.of attorney under enduring power), in subsection (5)(a), for ''or marriage'' substitute '', marriage or the formation of a civil partnership''. 
 57D In Schedule 1 (notification prior to registration of instrument creating power of attorney), in paragraph 2(1)— 
 (a) in paragraph (a), after ''wife'', insert ''or civil partner'', and 
 (b) in paragraph (e), after ''widower'', insert ''or surviving civil partner''. 
 57E Paragraphs 57C and 57D apply in relation to the exercise of powers under enduring powers of attorney created before the passing of this Act as well as in relation to those created on or after its passing. 
 Food and Environment Protection Act 1985 (c.48) 
 57F In Schedule 2 (officers and their powers), in paragraph 2A(4), after ''spouse'', insert ''or civil partner''. 
 Child Abduction and Custody Act 1985 (c.60) 
 57G In section 24A (power to order disclosure of child's whereabouts), in subsection (2), after ''spouse'', insert ''or civil partner''. 
 Airports Act 1986 (c.31) 
 57H In section 20 (powers of investment and disposal in relation to public airport companies), in subsection (6)(b), after ''widowers'', insert '', civil partners, surviving civil partners''.'.
 No. 148, in schedule 27, page 361, line 29, at end insert— 
'In section 215 (proceedings under sections 213, 214), in subsection (3)(b), after ''marriage'', insert ''or the formation of a civil partnership''. 
 In section 283A (bankrupt's home ceasing to form part of estate), in subsection (1)— 
 (a) in paragraph (b), after ''spouse'', insert ''or civil partner'', and 
 (b) in paragraph (c), after ''spouse'', insert ''or former civil partner''. 
 In section 313 (charge on bankrupt's home), in subsection (1), after ''former spouse'', insert ''or by his civil partner or former civil partner''. 
 In section 313A (low value home: application for sale, possession or charge), in subsection (1)— 
 (a) in paragraph (a)(ii), after ''spouse'', insert ''or civil partner'', and 
 (b) in paragraph (a)(iii), after ''spouse'', insert ''or former civil partner''. 
 In section 329 (debts to spouse), in subsection (1), after ''spouse'', (in each place) insert ''or civil partner''. 
 In section 332 (saving for bankrupt's home), in subsection (1), after ''former spouse'', insert ''or by his civil partner or former civil partner''. 
 In section 335A (rights under trusts of land), in subsection (2)(b)— 
 (a) for ''bankrupt's spouse or former spouse'' substitute ''bankrupt's spouse or civil partner or former spouse or former civil partner'', and 
 (b) in sub-paragraphs (i) and (ii), for ''spouse or former spouse'' substitute ''spouse, civil partner, former spouse or former civil partner''. 
 In section 339 (transactions at an undervalue), in subsection (3)(b), after ''marriage'', insert ''or the formation of a civil partnership''. 
 In section 366 (inquiry into bankrupt's dealings and property), in subsection (1)(a), after ''former spouse'', insert ''or civil partner or former civil partner''. 
 In section 423 (transactions defrauding creditors), in subsection (1)(b), after ''marriage'', insert ''or the formation of a civil partnership''.'.
 No. 149, in schedule 27, page 362, line 6, at end insert— 
'In section 33 (power to order disclosure of childs whereabouts), in subsection (2), after ''spouse'', insert ''or civil partner''.'.
 No. 150, in schedule 27, page 362, line 12, at end insert— 
'Consumer Protection Act 1987 (c.43) 
 In section 47 (savings for certain privileges), in subsection (2), after ''spouse'', insert ''or civil partner''. 
 Criminal Justice Act 1988 (c.33) 
 In section 160A (marriage and other relationships), in subsections (1)(a) and (2)(a), after ''were married'', insert ''or civil partners of each other''.'.
 No. 151, in schedule 27, page 362, line 15, at end insert— 
'Children Act 1989 (c.41) 
 (1) Amend section 8 (residence, contact and other orders with respect to children) as follows. 
 (2) After subsection (4)(b) insert— 
 ''(ba) Schedule 6 to the Civil Partnership Act 2004;''. 
 (3) After subsection (4)(e) insert— 
 ''(ea) Schedule 7 to the Civil Partnership Act 2004;''. 
 In section 48 (powers to assist in discovery of children who may be in need of emergency protection), in subsection (2), after ''spouse'', insert ''or civil partner''. 
 In section 50 (recovery of abducted children etc.),in subsection (11), after ''spouse'', insert ''or civil partner''. 
 In section 98 (self-incrimination), in subsections (1) and (2), after ''spouse'', insert ''or civil partner''. 
 Local Government and Housing Act 1989 (c.42) 
 In section 19 (members' interests) in subsection (7), after ''spouse'', insert ''or civil partner''. 
 In section 69 (companies subject to local authority influence), in subsection (6)(c), after ''spouse'', insert ''or civil partner''.'.
 No. 152, in schedule 27, page 362, line 19, at end insert— 
'Food Safety Act 1990 (c.16) 
 In section 43 (continuance of registration or licence on death) in subsection (2), for the words from ''the deceased's personal representative'' to ''his death'' substitute ''the deceased's personal representative, or widow or widower or surviving civil partner or any other member of the deceased's family, until the end of— 
 (a) the period of three months beginning with the deceased's death''. 
 Courts and Legal Services Act 1990 (c.41) 
 In section 10 (family proceedings in magistrates' courts and related matters), in subsection (1), after ''Domestic Proceedings and Magistrates' Courts Act 1978'', insert ''or Schedule 7 to the Civil Partnership Act 2004''. 
 In section 58A (conditional fee agreements: supplementary), omit ''and'' at the end of subsection (2)(f) and insert— 
 ''(fa) Chapter 2 of Part 2 of the Civil Partnership Act 2004 (proceedings for dissolution etc.of civil partnership); 
 (fb) Schedule 6 to the 2004 Act (financial relief in the High Court or a county court etc.); 
 (fc) Schedule 7 to the 2004 Act (financial relief in magistrates' courts etc.); 
 (fd) Schedule 8 to the 2004 Act (financial relief in England and Wales after overseas dissolution etc.of a civil partnership); and''.'.—[Jacqui Smith.]

Jacqui Smith: I beg to move amendment No. 177, in schedule 27, page 362, line 30, at end insert—
'( ) After section 9(3) insert— 
 ''(4) For the purposes of this section two persons are civil partners of each other if they are of the same sex and either— 
 (a) they are civil partners of each other; or 
 (b) they are not civil partners of each other but are living together as if they were civil partners.'''.

Frank Cook: With this it will be convenient to discuss Government amendments Nos. 178 and 179.

Jacqui Smith: This morning, I was cut off if not in my prime, then in full flow, when introducing this group of amendments. The amendments are minor and consequential, ensuring that references to couples who are living together as husband and wife are clearly understood to apply to cohabiting same-sex couples. All the amended provisions apply to spouses and have therefore already been extended to civil partners in this Bill. As I suggested earlier today, the amendments are a response to the judgment on 21 June in the Ghaidan v. Godin-Mendoza case. The intention is to ensure that the drafting changes make it clear to courts and legal advisers how Parliament intends phrases such as ''living together as husband and wife'' to be interpreted after the Bill takes effect. Without the amendments, the risk is that the Bill could be seen as removing the equal treatment that already exists following that judgment. The amendments are designed to remove that uncertainty.
 Amendment agreed to. 
 Amendments made: No. 153, in schedule 27, page 362, line 38, at end insert— 
'In Schedule 2 (the activities of a friendly society), in Head A, in class II— 
 (a) in the second column (description), after ''Marriage'', insert '', civil partnership'', and 
 (b) in the third column (nature of business), after ''sum on marriage'', insert ''or on the formation of a civil partnership''. 
 Trade Union and Labour Relations Act 1992 (c.52) 
 In section 23 (restriction on enforcement of awards against certain property), in subsection (3)(b) for ''the wife'' substitute ''the spouse or civil partner''. 
 In section 241 (intimidation or annoyance by violence or otherwise), in subsection (1)(a), for ''wife'' substitute ''spouse or civil partner''. 
 In section 292 (death of employee or employer), in subsection (3)(b), after ''widow,'', insert ''surviving civil partner,''.'.
 No. 178, in schedule 27, page 363, line 9, leave out paragraph 70 and insert— 
'70 (1) In section 23 (exemption for small dwellings), amend subsection (7) as follows. 
 (2) In the definition of ''near relative''— 
 (a) after ''spouse'' insert ''or civil partner'', and 
 (b) for ''by affinity)'' substitute ''by marriage or civil partnership)''. 
 (3) For the definition of ''partner'' substitute— 
 '' ''partner'' means the other member of a couple consisting of— 
 (a) a man and a woman who are not married to each other but are living together as husband and wife, or 
 (b) two people of the same sex who are not civil partners of each other but are living together as if they were civil partners.'''.
 No. 154, in schedule 27, page 363, line 12, at end insert— 
'Employment Rights Act 1996 (c.18) 
 In section 57A (time off for dependants), in subsection (3)(a), after ''spouse'', insert ''or civil partner''. 
 Family Law Act 1996 (c.27) 
 (1) Amend section 64 (provision for separate representation for children) as follows. 
 (2) Omit ''or'' at the end of subsection (1)(c). 
 (3) At the end of subsection (1)(d) insert ''or 
 (e) Schedule 6 or 7 to the Civil Partnership Act 2004.'''.
 No. 155, in schedule 27, page 363, line 15, at end insert— 
'Civil Procedure Act 1997 (c.12) 
 In section 7 (power of courts to make orders for preserving evidence etc.),in subsection (7), after ''spouse'' insert ''or civil partner''. 
 National Minimum Wage Act 1998 (c.39) 
 In section 14 (powers of officers), in subsection (2), for ''married, the person's spouse'' substitute ''married or a civil partner, the person's spouse or civil partner''. 
 Access to Justice Act 1999 (c.22) 
 In Schedule 2 (community legal service: excluded services), in paragraph 2(3)(d), after ''Domestic Proceedings and Magistrates' Courts Act 1978'' insert ''or Schedule 7 to the Civil Partnership Act 2004''.'.
 No. 156, in schedule 27, page 366, line 43, at end insert— 
'Representation of the People Act 2000 (c.2) 
 (1) Amend Schedule 4 (absent voting in Great Britain) as follows. 
 (2) In paragraph 3(3)(c), for ''his spouse,'' (in both places) substitute ''his spouse or civil partner,''. 
 (3) In paragraph 6(6), for ''husband, wife,'' substitute ''spouse, civil partner,''.'.
 No. 157, in schedule 27, page 367, line 2, at end insert— 
'Land Registration Act 2002 (c.9) 
 In section 125 (privilege against self-incrimination), in subsection (2), after ''spouse'', insert ''or civil partner''.'.
 No. 158, in schedule 27, page 367, line 5, at end insert— 
'In section 222 (bodies corporate: accessories), in subsection (10), after ''spouse'', in paragraphs (a), (c), (d) and (e) (in each place) insert ''or civil partner''. 
 Licensing Act 2003 (c.17) 
 In section 101 (minimum of 24 hours between event periods), in subsection (3)(a) and (d), after ''spouse'', insert ''or civil partner''.'.
 No. 159, in schedule 27, page 367, line 9, at end insert— 
'Courts Act 2003 (c.39) 
 In section 76 (further provision about scope of Family Procedure Rules), in subsection (2)(b), after ''divorce county court'' insert ''or civil partnership proceedings county court (within the meaning of Part 5 of the Matrimonial and Family Proceedings Act 1984)''.'.
 No. 160, in schedule 27, page 367, line 22, at end insert— 
'85 (1) Amend section 43 (sections 38 and 41: marriage exception) as follows. 
 (2) At the end of subsection (1)(b) insert ''or civil partners of each other''. 
 (3) In subsection (2), for ''were lawfully married at the time'' substitute ''were at the time lawfully married or civil partners of each other''. 
 (4) In the heading to section 43 for ''marriage exception'' substitute ''exception for spouses and civil partners''.'.—[Jacqui Smith.]
 Schedule 27, as amended, agreed to.

Schedule 28 - Consequential amendments: Scotland

Amendments made: No. 99, in schedule 28, page 368, line 13, at end insert— 
'In section 36(1) (interpretation), in the definition of ''prior rights'', after ''spouse'' insert ''or civil partner''.'.
 No. 100, in schedule 28, page 374, line 2, at end insert— 
'In section 16(4) (presentation of petition for recall of sequestration), for ''section 41(1)(b)'' substitute ''sections 41(1)(b) and 41A(1)(b)''. 
 In section 17(8)(b) (duties of clerk of court in relation to recall of sequestration), after ''41(1)(b)(ii)'' insert ''or 41A(1)(b)(ii)''.'.
 No. 101, in schedule 28, page 374, line 8, at end insert— 
'In section 34(7) (gratuitous alienations: saving for operation of Married Women's Policies of Assurance (Scotland) Act 1880), at the end insert ''including the operation of that section as applied by section 128 of the Civil Partnership Act 2004''.'.
 No. 102, in schedule 28, page 374, line 13, at end insert— 
'( ) In paragraph (d) of that subsection, for ''paragraph (a) or (b)'' substitute ''paragraphs (a) to (b)''.'.
 No. 103, in schedule 28, page 375, line 14, at end insert— 
' In section 51(3)(b) (meaning of ''postponed debt''), at the end insert ''or civil partner''.'.
 No. 104, in schedule 28, page 375, line 16, at end insert— 
'(1) Amend Schedule 1 (determination of amount of creditor's claim) as follows. 
 (2) In paragraph 2(1)(a), the words ''in the case of spouses (or, where the aliment is payable to a divorced person in respect of a child, former spouses)'' become paragraph 2(1)(a)(i). 
 (3) At the end of paragraph 2(1)(a)(i) insert '', or 
 (ii) in the case of civil partners (or, where the aliment is payable to a former civil partner in respect of a child after dissolution of a civil partnership, former civil partners),''. 
 (4) In paragraph 2(2), after ''divorce'' insert ''or on dissolution of a civil partnership''.'. 
No. 179, in schedule 28, page 377, leave out lines 18 to 21 and insert— 
'(1) Amend section 105 (meaning of ''member of a person's family'') as follows. 
 (2) In subsection (1)(a)— 
 (a) after ''spouse'' insert ''or civil partner'', and 
 (b) at the end insert ''or in a relationship which has the characteristics of the relationship between civil partners''. 
 (3) In subsection (2)(a), after ''a relationship by marriage'' insert ''or civil partnership''.'.
 No. 105, in schedule 28, page 377, line 23, leave out paragraphs 46 to 53. 
 No. 106, in schedule 28, page 378, line 28, at end insert— 
'Debtors (Scotland) Act 1987 (c.18) 
 In section 106 (interpretation), in paragraph (a) of the definition of ''maintenance order''— 
 (a) after ''divorce'' insert ''or on dissolution of a civil partnership'', and 
 (b) after ''marriage'' insert ''or of nullity of a civil partnership''.'.—[Jacqui Smith.]
 Schedule 28, as amended, agreed to.

Schedule 29 - Repeals and revocations

Amendments made: No. 107, in schedule 29, page 382, line 12, at end insert— 
'Family provision: Northern Ireland 
 Title and number 
 Extent of revocation 
 Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979 (S.I. 1979/924 (N.I. 8)) 
 In Article 5(2), ''and'' immediately following sub-paragraph (b). 
 Family homes and domestic violence: Northern Ireland 
 Title and number 
 Extent of revocation 
 Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)) 
 In Article 2(2), the definition of ''matrimonial home rights''. 
 In Schedule 2, ''or'' at the end of paragraph 4(1)(a).'.
 No. 108, in schedule 29, page 382, line 16, at end insert— 
'Sex Discrimination (Northern Ireland) Order 1976 (S.I.1976/1042 (N.I. 15)) 
 Article 3(4).'. 
 No. 109, in schedule 29, page 382, line 18, at end insert— 
'Child Support Act 1991 (c.48) 
 In section 8(11), ''or'' at the end of paragraph (e). 
 Child Support (Northern Ireland) Order 1991 (S.I.1991/2628 (N.I. 23)) 
 In Article 10(11), ''or'' at the end of sub-paragraph (dd).'. 
 No. 110, in schedule 29, page 383, line 19, at end insert— 
'Judicial Proceedings (Regulation of Reports) Act 1926 (c.61) 
 Section 1(5).'. 
 No. 111, in schedule 29, page 383, line 20, at end insert— 
'Theft Act 1968 (c.60) 
 In section 30(4), ''or'' at the end of paragraph (a)(i) to the proviso.'.
 No. 112, in schedule 29, page 383, line 24, at end insert— 
'Courts and Legal Services Act 1990 (c.41) 
 In section 58A, ''and'' at the end of subsection (2)(f). 
 Family Law Act 1996 (c.27) 
 In section 64, ''or'' at the end of subsection (1)(c).'.
 No. 113, in schedule 29, page 383, line 39, at end insert— 
'Minor and consequential amendments: Northern Ireland 
 Title and number 
 Extent of revocation 
 Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) 
 At the end of Article 22(b), ''or''. 
 In Article 31(1)(b)(i) and (2), ''matrimonial''.'.—[Jacqui Smith.]
 Schedule 29, as amended, agreed to.

Clause 252 - Extent

Jacqui Smith: I beg to move amendment No. 165, in clause 252, page 124, line 5, after 'Wales),' insert
'excluding section (Power to assimilate provisions relating to civil registration in England and Wales) but'.

Frank Cook: With this it will be convenient to discuss Government new clause 11—Power to assimilate provisions relating to civil registration in England and Wales.

Jacqui Smith: The amendment amends the extent clause, consequential on the addition of new clause 11 to the Bill. New clause 11 adds a new power in place of the power in clause 36(4), which was removed by an amendment passed during the previous sitting of the Committee. The new power is needed to ensure that civil partnership and civil marriage can follow similar registration procedures. Although the Government are clear that civil partnership and civil marriage are different legal relationships, registration authorities must provide both services to the public, along with their other statutory duties.
 In order to ensure parity of treatment between opposite-sex and same-sex couples, and operational ease for registrars, it makes good sense to have similar registration provisions for civil marriage and civil partnership. It is important not to introduce unjustifiable differences between the registration provisions for civil marriage and civil partnership. As we touched on during a previous sitting, the registration provisions in the Bill are drafted to follow many of the proposals for the preliminaries to and registration of civil marriage, outlined in the consultation paper, ''Civil Registration: Delivering Vital Change'', published in July 2003. It is now proposed that the regulatory reform order that will contain the legislative reforms needed to implement the proposals will be laid in draft during the next session of Parliament, but after the passage of the Bill. 
 The purpose of the power in clause 36(4) as originally drafted was to ensure that the Civil Partnership Act could be amended to reflect any changes to the proposals for civil marriage contained in the regulatory reform order that had not been anticipated during the drafting of the Civil Partnership Bill. While that remains the case, subsequent developments have led us to adapt the power to fit the current situation better. My colleague, Lord Filkin, announced in July that there was to be further consultation on the absence of any proposal 
 to change the legal requirement for marriage ceremonies to be either civil or religious. 
 Of course, the issue does not arise for civil partnership, where there is no alternative to a civil procedure, but it means that there is still a question on the shape of the proposals to be included in the draft regulatory reform order. It also means that any changes to the proposed reforms of the procedures for marriage resulting from the consultation may impact on the wider reforms to civil marriage and civil partnership legislation. 
 The Government's view is therefore that the power in clause 36(4) was not sufficient for the overriding purpose of ensuring that civil marriage and civil partnership can follow similar procedures wherever that is considered appropriate. The power, as originally drafted, would allow amendments to the registration provisions only as a consequence of provisions included in a regulatory reform order. That power would not, however, allow for the amendment of provisions in the Bill if those anticipated changes were not legislated for. It is because of that continuing uncertainty with the content of the reforms for civil marriage registration that we feel it is entirely sensible to extend the power in such a way. 
 If an anticipated change of the basis on which the Bill has been drafted were left out of the regulatory reform order when that change had already been included in the Civil Partnership Act, the original power would not have allowed for civil partnership procedures to be brought into line. 
 The Bill must therefore contain sufficient provision to ensure that the civil partnership legislation can be amended to make it compatible with marriage law, and the amendments allow us to do that in all possible scenarios. The Government have drafted the power so as to specify clearly the purpose for which it is to be used and it should be noted that that power remains subject to the affirmative resolution procedure. 
 Amendment agreed to. 
 Amendment made: No. 117, in clause 252, page 124, line 21, at end insert— 
'( ) Schedule (Minor and consequential amendments: Northern Ireland) extends to Northern Ireland only.'.—[Jacqui Smith.]
 Clause 252, as amended, ordered to stand part of the Bill.

Clause 253 - Commencement

Jacqui Smith: I beg to move amendment No. 118, in clause 253, page 124, line 26, leave out
'Parts 1 and 2, including Schedules 2 to 10, come' 
 and insert 
 'Part 1 comes into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers and the Department of Finance and Personnel. 
 ( ) Part 2, including Schedules 2 to 10, comes'.

Frank Cook: With this it will be convenient to discuss the following:
 Government amendments Nos. 119 to 126. 
 Government new clause 9—Gender recognition where applicant a civil partner.

Jacqui Smith: Amendments Nos. 118 to 125 relate to clause 253, which provides for the coming into force of the provisions of the Bill. All substantive provisions are to come into force by commencement orders, which will be made by the Secretary of State, except in the case of provisions for which legislative competence has been devolved to the Scottish Parliament or would be devolved to the Northern Ireland Assembly if it is re-established. The Scottish provisions will be commenced by the Scottish Ministers and the Northern Ireland provisions will be made by the Department of Finance and Personnel—in both cases, after consulting the Secretary of State. The Secretary of State must also consult the Scottish Ministers or the Department of Finance and Personnel before commencing certain other provisions where the connections between devolved and non-devolved areas are strong.
 The consequential amendments ensure that the arrangements for the commencement powers properly reflect the devolution settlement. They correct references to numbering and ensure that the subsections of the clause refer to the relevant related parts of the Bill. 
 Amendment No. 126 removes clause 254(2), which was added on Third Reading in the House of Lords as a privilege amendment to avoid infringing the privilege of the House of Commons to decide the financial consequences of the Bill. Since a money resolution has been agreed to, subsection (2) can now be removed. 
 New clause 9 amends the Gender Recognition Act 2004 as a consequence of the introduction of civil partnerships. It ensures that civil partnerships are treated in the same way as marriages for the purposes of that Act. It was not appropriate to include those changes in the Bill earlier because the Gender Recognition Act received Royal Assent only in July 2004. The Gender Recognition Act provides that if an applicant for a gender recognition certificate is married, they cannot be recognised in their acquired gender until the marriage is brought to an end. In order to achieve that, they are issued with an interim gender recognition certificate, which provides grounds for them to annul—or in Scotland, dissolve—their marriage. The court that makes the annulment or dissolution absolute then grants a full gender recognition certificate, which means that the person is subsequently to be treated for all purposes as a person of the acquired gender. 
 The new clause provides for civil partnerships to be treated in the same way. In particular, it inserts a new section 5A, which provides for the granting of a full gender recognition certificate by the court that makes the final nullity order, or, in Scotland, grants the decree of dissolution, in relation to a civil partnership. That is similar to the procedure already provided in section 5 of the Gender Recognition Act for cases in which an existing marriage is annulled or dissolved. As 
 in section 5, if the civil partnership comes to an end in a defined period by virtue of annulment, or dissolution on any other ground, or the death of the person's civil partner, an application for a full gender recognition certificate can instead by made to a gender recognition panel. That amendment follows the principles that the House agreed on when considering the Gender Recognition Bill.

Alan Duncan: It may well be that, for those following our proceedings and thinking about their future plans, this clause is one of the most important. I think that all of us have faced the questions, ''When will this be law? When will people be able to enter into a civil partnership and, crucially, so to organise their financial and legal affairs that they can put into practice the provisions contained in the Bill?''
 A measure of confusion has arisen, notwithstanding the momentary hiccup in another place, about the interaction between the Bill that will become an Act and a Finance Bill that will give efficacy to the most crucial of provisions—tenancy, wills and so on—that flow from it. There was a measure of uncertainty in an exchange between my hon. Friend the Member for Christchurch and the Minister about what ''the next available Finance Bill'' means. Does it mean the one that is still going through Parliament and might yet have something put into it on Report? Does it mean the next Finance Bill? 
 A Finance Bill takes a long time to go through Committee. Once that has happened, might there not yet be another full year before everything that we are discussing can practically be implemented? So that we are clear about the affairs that we are discussing, it would be enormously helpful if the Minister would give a clear forward picture about when she predicts that the commencements are likely to be triggered and how they will work hand-in-hand with the Finance Bill that will implement the provisions of the Bill.

John Bercow: Notwithstanding the legitimacy of my hon. Friend's queries of the Minister, I put it to him that, in essence, the position should be simple. If the Government plan to make provision in the next Finance Bill, because they decide that that is the next available Bill, and the Bill goes through before the election, all is well and good. In the event that it does not, it is incumbent on the Conservative party to make it clear in the run-up to the election that, having won that election, we will make the necessary provision in our first Budget and in the ensuing Finance Bill that flows from it.

Alan Duncan: I am grateful to my hon. Friend. I cannot promise him that I will be Chancellor of the Exchequer but I certainly promise him that, like him, I will do everything I can to accelerate things if we are in government.
 The serious point is that there is not much clarity in people's understanding of the likely timetable for putting the Bill into practical effect. There is a measure of uncertainty, partly because it is thought that there is an election looming and we are not sure when the Finance Bill will happen. So, will the Minister give an indication of what she thinks is the likely timetable for 
 triggering everything that is needed to get the Bill fully into effect?

Jacqui Smith: I think that we already said publicly that we envisage that—assuming that the Bill completes the stages of its consideration in this House and in another place and that it receives Royal Assent—implementation will take about a year following Royal Assent.
 Interestingly, that is not largely because of the tax provisions, which I will return to, but because some complex changes need to be made to, for example, court rules. There are some lengthy conditions about consultation with respect to court rules. Changes would need to be made to registration arrangements. Training would, of course, need to be given to judicial officers with respect to the legal implications, not least the requirements on dissolution and annulment. We have been honest in saying that although we are very keen to ensure that the provision is implemented as quickly as possible, there are some complex issues of implementation that will need to be put into operation. 
 Notwithstanding what might or might not occur in a general election next year, I therefore find it difficult to envisage that within a year of gaining Royal Assent for this Bill we will not have had an available Finance Bill. I have made it clear, but I shall reiterate it, that the tax consequences of the policy that we have identified in the Bill and have stated publicly will take effect on the commencement of the Bill's provisions. I hope that that will give the hon. Gentleman the certainty that he understandably asks for on behalf of those who are keen not only that the Bill goes through but that its provisions come into effect as soon as possible

Christopher Chope: Following on from what the Minister has just said, I should point out that every week one reads in the financial columns of the newspapers new implications of administrative decisions being taken by the Inland Revenue that have an impact on people who are living together in same-sex relationships. If I may give an example, the Government have recently said that if a husband and wife are engaged in a business together as a company, the husband running the business and the wife a principal shareholder, the money paid to the wife by way of dividend will be treated as the husband's income for tax purposes. Where does that leave a situation in which two partners of the same sex are carrying on a business as directors and shareholders? I give that as a current example of where it seems that there is a different rule, under the law, for those engaged in business as husband and wife and those in the same position in a same-sex relationship.
 The Minister says that she wants to clarify all that and sort it out. On that point, which does not need any legislation at the moment but is just a matter of administrative practice, can she advise the Committee what the Inland Revenue's practice will be? My understanding from reading some of the other material is that putting the social security rules on the treatment of cohabiting same-sex couples on a par with those relating to cohabiting heterosexual couples is to come in immediately. That is not dependent on the Royal Assent of this Bill because it covers same-sex 
 relationships outside civil partnership. If that provision is to come in immediately, what will happen with examples such as that which I gave of a company where the directors or shareholders are in a same-sex relationship? 
 Will the Minister explain in simple language how the Gender Recognition Act 2004 will impact on the Bill? If a partner to a same-sex partnership changes sex, will it then be open to the parties to that partnership to continue to have that partnership registered, or will there be a requirement for it to be annulled, so that if the two wished to stay together thereafter they would have to enter a civil marriage, instead of a civil partnership? Or—this is my understanding of what the Minister said—would that be optional, meaning that if one partner changed gender there would not be a requirement for the partnership to be annulled? Perhaps she could clarify that.

Jeffrey M Donaldson: In the hope that you will call my amendment No. 232, Mr. Cook, I shall be brief. The consequence of the Minister's amendments will be that the Department of Finance and Personnel in Northern Ireland will determine, in consultation with the Secretary of State, the commencement order and its timing. That is the same Department that conducted the consultation process in Northern Ireland prior to the Bill being introduced in Parliament. That consultation process was highly unsatisfactory and the response received during the process was not reflected in any way in the Bill that is before the Committee. The Minister should reflect on what she is suggesting in her amendments and consider my amendment No. 232 that the elected representatives in Northern Ireland should have the final say on the matter, not an unelected Government Department.

Jacqui Smith: The hon. Member for Christchurch was right. First, as I identified at length on schedule 24, in many areas of benefit provision, cohabiting same-sex couples will be treated in the same way as couples who live together as husband and wife. Those provisions will come into effect on commencement of the legislation and not, as the hon. Gentleman seemed to suggest, before Parliament has finished its consideration.
 Secondly, on the hon. Gentleman's point about company law, I do not take my briefing about the impact of company law from the financial pages of newspapers, nor even from his ministrations, so I shall consider in more detail his suggestions about the Inland Revenue's current practice and will write to him about the extent to which there will be an equivalence with cohabiting same-sex couples. As we have suggested throughout our discussions today, on the whole we have attempted in the Bill to replicate within a wide variety of legislative areas the provisions for married couples for civil partners and the provisions for opposite-sex cohabiting couples with same-sex cohabiting couples.

Angela Eagle: As an ex-Minister at the then Department of Social Security, I know that considerable sensitivities are involved in the regulations covering people living together as husband and wife and the way in which they are put into effect by Jobcentre Plus employees of the Department for Work and Pensions. That has always been a sensitive but important area. Will the Minister assure me that as the provisions are rightly extended to same-sex couples, who must bear the burdens of the change in legislation as well as receiving the benefits, there will be adequate training covering some of the sensitivities surrounding this matter—it is obviously sensitive, whatever one's sexuality—so that the employees of the Department for Work and Pensions, who generally do a very good job, are aware of how best to approach the issues before them when considering whether people who live in the same house are presenting as living together as husband and wife, be it in a gay or lesbian relationship or a heterosexual cohabiting relationship?

Jacqui Smith: My hon. Friend makes an important point and I think that I can reassure her. Not only will there be training, but there is already consideration and some modelling of the impact of using the current living-together husband-and-wife test in the context of same-sex couples to ensure that it is appropriate, achieves the right result and models the sort of training and guidance that will be necessary, both for DWP employees and for Inland Revenue employees where they apply a similar test with respect to tax credits, for example, or in other areas. I can give my hon. Friend that assurance.
 I was about to come to the point raised by the hon. Member for Christchurch on gender recognition. I thought that I had spelled that out quite clearly in my introduction to the new clause. However, I will go through it again. If two people are in a civil partnership and one of them wishes to change their gender, he or she would first get an interim gender recognition certificate. The policy intention is precisely the opposite of what the hon. Gentleman said. The policy intention is that they will be required to annul or, if it is in Scotland, to dissolve their civil partnership if one of the partners changes gender, just as they will be required to annul or dissolve a marriage if one of the partners changes gender. 
 The person changing gender will receive an interim gender recognition certificate. That enables the court to annul or dissolve the civil partnership and a final gender recognition certificate is then granted. At no point, having received the full gender recognition certificate, will a person go from one relationship to the other. If a person who had changed gender subsequently wanted to re-enter a legal relationship with their partner they would need to enter a civil marriage.

Christopher Chope: I am grateful to the Minister for giving way and for explaining that. My only residual point was, if someone has an interim gender recognition certificate, must they go on to get the full certificate or can they keep an interim certificate and keep that in play within the subsisting partnership?

Jacqui Smith: Of course it is up to the parties, but an interim gender recognition certificate is precisely designed to enable the person to get the annulment or the dissolution. To a certain extent it would not be an awful lot of use. It is not the final gender recognition certificate. A person cannot live in the acquired gender with only an interim gender recognition certificate.
 I turn now to the points raised by the hon. Member for Lagan Valley. He asked whether elected Members, as opposed to the Department of Finance and Personnel in Northern Ireland, should decide on the commencement. All subordinate powers are exercised by Departments, subject to ministerial control. That is not an unusual situation. He backed up his argument by suggesting that the consultation carried out by that Department had been unsatisfactory, so I am rather surprised that he prays it in aid as the reason why the provisions in the Bill should not be extended to Northern Ireland.

Jeffrey M Donaldson: My dissatisfaction is not with the response to the consultation, but with the fact that only 25 days after the consultation closed the Government inserted Northern Ireland into the Bill, completely ignoring the response to the consultation exercise.

Jacqui Smith: As I suspect we shall be discussing in a few minutes, the consultation was important, but it was not a referendum. We will now move on to a discussion about why the Government and I believe, and many others believe, that the provisions should extend across the whole of England, Wales, Scotland and Northern Ireland.
 Amendment agreed to. 
 Amendment made: No. 119, in clause 253, page 124, line 31, leave out 'and 14' and insert 'to 20'.—[Jacqui Smith.]

Jeffrey M Donaldson: I beg to move amendment No. 232, in clause 253, page 124, line 33, at end insert
'but such an order must not be made unless a draft of the statutory instrument containing the order has been laid before and approved by a resolution of the Northern Ireland Assembly.'.

Jeffrey M Donaldson: The amendment is supported by the hon. Member for Christchurch. I was astonished that on Tuesday last week the Minister should assert that the Government had received at every stage approbation and support from the majority of those who have responded to the Government's consultations on the proposals. I was astonished because, as the Minister knows, 86 per cent. of the respondents to the consultation in Northern Ireland opposed the plans in the Bill. On Second Reading the leader of my party drew attention to that fact, and it was raised many times in debates in the other place.
 From the Minister's statement on Tuesday last that at every point consultation respondents gave their approbation, I can assume only that she feels that the responses of people in Northern Ireland do not count. Her comments a few moments ago point to that. The Government do not care that much about what people genuinely expressed in their responses. If she is suggesting that the responses do not accurately reflect the view in Northern Ireland, I must challenge that. Right across the community in Northern Ireland, 
 there is concern about the imposition of the Bill on the part of the United Kingdom that I represent. 
 Earlier in the debate today, the Minister acknowledged that Northern Ireland has a different history of applying law. As a Unionist I believe that, where appropriate, laws should apply across the United Kingdom. The Government support the concept of devolution, and in supporting that, they recognise that there are regional variations; otherwise, why have regional assemblies and Parliaments? Yet, by ignoring the consultation responses, the Government ignore the regional variation in Northern Ireland and the strong feelings held about this issue in that part of the United Kingdom.

Alistair Carmichael: It would be very helpful if the hon. Gentleman could remind the Committee of those provisions that would be the responsibility of the Northern Ireland Assembly were it functioning today.

Jeffrey M Donaldson: Clearly many issues in the Bill would be devolved and come under the remit of the Northern Ireland Assembly, but I accept that some consequential and accepted matters would be reserved. When the Assembly has considered legislation in the past, it has enacted reserved matters with the consent of the Secretary of State. It would not have been difficult for the Assembly to consider this matter. If the hon. Gentleman is implying in his question that it would, I am not sure that that is true.
 My amendment requires only that the Assembly considers whether the Bill should commence. I am not suggesting that the Assembly take the Bill and amend it. The amendment relates to the commencement order and whether the Assembly feels that this legislation is relevant to Northern Ireland and should be applied. It is best placed to do that. As a Member of the Assembly, I believe that devolution in that sense is appropriate. I accept that the Assembly is suspended. My party is involved in discussions as we speak, which I hope will result in the restoration of devolved government in Northern Ireland. The Assembly ought to have the final say about the commencement of the legislation.

Alan Duncan: Just for the record, does the hon. Gentleman envisage any circumstances in which he personally would vote for the commencement of this Bill?

Jeffrey M Donaldson: I am happy to tell the hon. Gentleman that I would not vote for the Bill. That does not mean that no other Assembly Member would vote for it. At the end of the day, the local elected representatives should be given the final say, particularly given the real concerns raised during the consultation process by people who actually live in Northern Ireland.
 Imposing civil partnerships on the Province regardless of the views of its people shows that their moral and religious convictions are of little or no interest to the Government. I make no apology for saying that I am an evangelical Christian and that I have concerns about the Bill and what it means in terms of my faith and my beliefs. I know that that view is shared by many people in Northern Ireland. 
 Earlier, the Minister repeated her claim made on Second Reading that she had received 400 letters of support from people in Northern Ireland since the consultation had ended. I cannot think of any previous occasion on which an official Government consultation has been regarded as less important than a folder full of letters produced by a letter-writing campaign. It does not obviate the reality that the consultation generated 86 per cent. of respondents against what the Government are seeking to impose on the people of Northern Ireland. 
 Ironically, that attempt to manufacture a fig leaf of public support for the plans implies that the Government's public consultation was faulty and failed to reach all sections of society or elicit responses that were truly indicative of the views of the people in Northern Ireland. As a matter of fact, I am sure that a figure of 86 per cent. is about right for the level of opposition to what is effectively, as my hon. Friend the Member for Christchurch has repeatedly stated in Committee, a pseudo gay marriage Bill. If anything, it underestimates the views of people in Northern Ireland. All that is just another example of the Government's selective use of statistics. If the consultation favours what they want to do—as in England and Wales—they issue a press release boasting about the result, but if it does not favour their plans, they simply ignore its results. 
 The 2001 Labour party manifesto, in a section on Northern Ireland, said that 
''we will bring about the key reforms in the civil and criminal justice system which secure the respect and trust of both traditions.''
 I wonder whether the Government really think that the Bill is a legal reform that has the respect and trust of both Catholics and Protestants in Northern Ireland. All evidence points to the fact that both sides are opposed to the Bill, not because they hate people who are of a homosexual disposition, but because they have a high view of Christian ethics and, in particular, marriage. 
 In fact, the Government have achieved the remarkable feat of creating a cause around which both Protestants and Catholics in Northern Ireland have united. All of the main Churches in the Province have come out against the Bill. I would be interested to hear how the Minister thinks that that level and scale of opposition meets the Labour party's commitment to secure changes to the civil and criminal justice system that have the respect and trust of both traditions. 
 The Government have been riding roughshod over the people of Northern Ireland, including in how they introduced the Bill. Its first imprint was produced on 30 March this year, only 25 days after the consultation in Northern Ireland closed. Provisions applying civil partnership to Northern Ireland were already included, although incomplete. Clearly, the Government had already decided to impose civil partnership on the Province, whatever the outcome of the consultation. There is no way that the responses could have been properly considered in 25 days. In fact, the report on them was not produced until 10 May. Given that the Bill was published on 
 30 March, that gives us some indication of the Government's real agenda for Northern Ireland. 
 The Government needed the report because they wanted to table 52 clauses and six schedules on 11 May to attempt to fix the holes in the Northern Ireland provisions. In fact, a total of 120 pages of amendments relating to Northern Ireland were passed in the other House with virtually no scrutiny. When asked whether the consultation in Northern Ireland had made any difference whatsoever to the drafting of the Bill, the Minister in the other place, Baroness Scotland, could not answer. 
 I turn now to my amendment, which would give the Northern Ireland Assembly the final say on whether civil partnership would apply fully to Northern Ireland. Part 4 of the Bill, which contains the Northern Ireland provisions for registration, dissolution and so on, would come into effect only if approved by a resolution of the Assembly. I understand that the Province would still have to give limited recognition to civil partnerships registered in the rest of the UK, but the Assembly should be allowed to take a view on whether Northern Ireland itself grants marriage-like status to homosexual relationships. 
 The Scottish Parliament has had its own debate and vote on the provisions. In Northern Ireland, where the issue is much more controversial, we should, at the very least, have the same opportunity. It seems particularly egregious that the Government should railroad the proposals through while the devolved Assembly for the one part of the UK where there is the most opposition to civil partnerships is out of action. 
 Some hon. Members will argue that it is a new departure to put a sunrise clause on the Northern Ireland provisions of a Westminster Bill. It is true that that has not happened on other legislation passed during the suspension of the Assembly, but there has not been another issue on which there is quite as much opposition from almost every shade of political and religious opinion in the Province. There has not been another issue on which nine out of 10 people who responded to the Government consultation rejected the proposals. 
 As my party leader pointed out on Second Reading, the 2001 census found that there were only 288 same-sex couple households in the whole of Northern Ireland. The Government say that, at most, only 5 per cent. of same-sex couples will commit to civil partnerships. As I pointed out earlier, 5 per cent. of 288 households in Northern Ireland is 14. On their own statistics, the Government are destroying the basis of family law in Northern Ireland and riding roughshod over the convictions of nine out 10 people who responded to their consultation, all for the sake of 14 same-sex couples. [Laughter.] Well, those are the Government's statistics. As usual in such matters, if the facts and figures do not suit the Government's argument, they say that they do not count. 
 In the case of the census, they say that homosexual couples sharing a home would have been fearful of declaring the fact on the census because of homophobia. I will not comment on the implicit 
 accusation that the entire population of the Province either hates or fears homosexual people, other than to say that it is absolute rubbish. Quite frankly, in Northern Ireland we are more worried about Semtex than same-sex. 
 The census is confidential. Why should anyone fear any comeback from answers that they put down on a census form? Are the Government telling us that their system has leaks and that confidential census data can get into the hands of people outside the system? Besides, if two people live together as a same-sex couple, it will probably be obvious to their neighbours. What difference does it make if they say so on the census? 
 I know that my amendment was tabled twice before, and it was twice rejected by the Government in the other place, but the reasoning of Ministers there has not convinced me, nor has it convinced the vast majority of the people in Northern Ireland. I raise the issue again today to determine whether gay rights are still more important to the Government than devolution. That is the question that they must address. It is and ought to be for the elected representatives of the people of Northern Ireland to have the final say on the commencement of this legislation, and the Government ought to give careful consideration to that. The collective rights of the people of Northern Ireland ought to be taken into account.

Andrew Selous: I commend much of what the hon. Member for Lagan Valley said. I have a couple of questions that I hope the Minister will answer when she responds to the debate. First, if the Government proceed to implement the Bill as drafted will they allow the Northern Ireland Assembly to revisit the matter when it is reconvened, as we all hope that it will be? I reiterate the argument used by the hon. Gentleman, that it seems a perverse use of the devolutionary settlement that the Government constructed in the United Kingdom to let the Scottish Parliament debate these matters but to deny the Northern Ireland Assembly that opportunity.
 Secondly, will the Minister tell the Committee the purpose of the Government's consultation exercise in Northern Ireland? I am highly sceptical about consultation exercises undertaken by local or central Government, and so are many of my constituents. There is a growing feeling among members of the public that although Governments and local authorities may undertake consultations, they merely proceed to do exactly what they were going to do anyway. That appears to have been the case in respect of the consultation in Northern Ireland.

Chris Bryant: The previous two speakers will not be surprised to hear that I do not agree with a single word that the hon. Member for Lagan Valley said, which is as predictable as the hon. Member for Christchurch has been in earlier debates. I have several reasons for disagreeing with the hon. Member for Lagan Valley, not least because he presented the most anti-Unionist argument I have yet heard, which struck me as rather curious. I cannot think of any nation state in the world where the rights that are accorded to people in one part of the country are completely denied in another
 part of the country. The suggestion, which the hon. Gentleman let out of the bag, that he would not only want the Assembly to have the right to say yea or nay to whether any of the provisions were brought into force in Northern Ireland, but that he would seek to ensure that they did not come to pass, is therefore an argument for the dissolution of the Union.

Jeffrey M Donaldson: It is not inconsistent with being a Unionist to support the concept of devolution. Northern Ireland had its own devolved Parliament for 50 years, so I do not accept the hon. Gentleman's argument. In the United States of America, there are many examples of laws being enacted at state level that confer on the citizens of the state rights that do not apply in other states. Therefore, it is wrong to say that there is not another country in the world where there is a right in one region or area that does not apply in another. There are many examples of regional variations throughout the world.

Chris Bryant: I think what the hon. Gentleman wants is a united states of Britain, where there is a supreme court that decides on a national constitution.

Jeffrey M Donaldson: Devolution.

Chris Bryant: The hon. Gentleman says ''devolution'' from a chuntering, sedentary position. But the point about devolution is that it is decided that certain responsibilities should be devolved to the lowest level at which people are most directly affected, and some things are reserved to the nation state. It seems extraordinary that the hon. Gentleman could argue that individual human rights, which is what the Bill is about, and the right of people to live with and inherit from one another, should be devolved. Why do not local councils decide? It seems self-evident that if matters were to be devolved to that degree, with completely different rules governing people's ability to form a stable relationship and inherit tenancies, pensions and so on from one another, it would mean dismantling devolution and moving towards a completely different system, which would not be in keeping with the Unionist cause that I thought the hon. Gentleman espoused.
 Secondly, I wholly disagree with the way that the hon. Gentleman has presented the statistics. I am glad that his mathematic was better than that of the leader of his party, who on Second Reading stated that 5 per cent. of 288 was 12, and that he has been able to work out that it is 14. Like others before, I submit to him—I know that he dismisses this argument—that if 86 per cent. of the people in Northern Ireland are, as he attests, wholly opposed to people being able to form civil partnerships or display their love for one another because they are homosexual, it is likely that people would be reluctant, either on paper or in public, to declare their homosexuality.

Angela Eagle: Will my hon. Friend explain to me why, even if the statistics are correct, such a lot of worry is created by the prospect of 28 people in Northern Ireland being able to live together with proper protections and in harmony? It seems an awful over-reaction.

Chris Bryant: Indeed. The argument falls both ways against the hon. Member for Lagan Valley. Either there are so few people involved that it will hardly rock the whole of society, the church and the foundation of marriage, or there are more than he presumes. I suspect that the latter is true because I have had letters and e-mails from a lot of people urging me to ensure that this legislation applies in Northern Ireland. The number of couples who have written to me is almost up to 14, so I suspect that, by the end of Third Reading, I may be able to prove his statistics wrong.
 The third point is that when one is trying to right an injustice—I know that the hon. Gentleman will not accept that that is what the legislation is trying to do—it is not enough to say that only 14, 15 or 16 people are affected. If there is only one person—[Interruption.] One good man. Indeed, it is a profoundly biblical point. If there is one good man, woman or couple, I believe that we should change the law, because we are righting an injustice. 
 The amendment would delay the process. It is an unfair amendment regardless of what position one adopts about the morality or ethics of homosexuality. Almost inevitably, as the peace negotiations continue in Northern Ireland—one hopes leading to the setting up again of a Northern Ireland Assembly—the issue of gay rights will be entangled in the process of setting up the Assembly. That would be invidious to the position of lesbians and gay men in Northern Ireland. It would also not exactly help the peace process and therefore it is a poor amendment. 
 I would not call myself a born-again Christian, except in the sense that all Christians maintain that they are born again in baptism. However, I believe that it is perfectly possible to hold as a Christian that homosexuality is not necessarily a sin—it may be lived in sinfully or as part of a good life. Many Christians in the world sincerely believe that God created them as homosexuals and that the best that they can do to live a holy and spiritual life is to do so under God and with God's blessing in a committed relationship, which the Bill allows. 
 Even more importantly, I do not believe that we should create a theocracy in this country. In Matthew chapter VII, Jesus said: 
''Judge not, that ye be not judged.''
 It is equally important that one can argue some things to be immoral and wrong, but that does not necessarily mean that the law should make them illegal. I happen to believe—[Interruption.] The hon. Member for Rutland and Melton is trying to bring hunting into this issue because he is a little ferret really. He should be dismembered for trying to bring in other issues, which I am sure you would not want to be introduced, Mr. Cook. 
 The point that I am making is simply that I believe that this is a moral and ethical Bill because it allows people to establish their relationship on the basis of a commitment—one to another. It is not a commitment that will be entered into lightly. I think that many Christians can support the Bill and I hope that, in the fullness of time, there will be many Christians in Northern Ireland—perhaps even members of the 
 Church of the hon. Member for Lagan Valley—who one day will respect the rights of gays and lesbians.

Alistair Carmichael: The afternoon gets better as it goes on. Earlier we had pre-emptive gratification; now we have the vision of the hon. Member for Rutland and Melton being dismembered for his views. That sounds a little Old Testament to me.
 In Committees in this place, I have often been able to make common cause with the hon. Member for Lagan Valley. We have argued that it is appropriate that provisions relating to Northern Ireland should be dealt with in primary legislation, such as the Bill that we have before us. We have often argued that it is highly unsatisfactory that provisions relating to Northern Ireland—a whole Bill effectively—are dealt with in an hour-and-a-half sitting on the basis of secondary legislation. On some occasions, we have been able to incorporate Northern Ireland provisions into primary legislation, as we are doing today. Together with the hon. Gentleman and his colleagues, I have been privileged to serve on some of those Committees. 
 However, before now, I have never come across an instance in which a Member from Northern Ireland has sought to make a commencement provision such as the one that the hon. Gentleman has brought before the Committee. If I am wrong about that, the hon. Member for Lagan Valley can correct me. I have never seen it before, and that makes me ask why he is doing it. That comes back to comments made earlier in the debate—he probably was not here for them—relating to honesty of motivation. I commend him to read Hansard in that regard, because, sadly, those comments might apply to him as they do to others in the Committee.

Jeffrey M Donaldson: I assure the hon. Gentleman that my only motivation in tabling the amendment was to give the Assembly, the devolved body in Northern Ireland, the final say in respect of part 4, which is the only aspect that relates specifically to Northern Ireland—it is the aspect dealing with devolved matters. There is a range of views in the Assembly. I do not have a monopoly on those views and, in that sense, although I accept the principle that generally Northern Ireland should be legislated for in the same way as the rest of the United Kingdom for as long as there is not a fully functioning devolved Assembly, on this issue I make an exception.

Alistair Carmichael: We are hearing from the hon. Gentleman what I would call pick-and-mix Unionism. He wants to have his cake and eat it. The hon. Member for Rhondda (Chris Bryant) was rather harsh on him when he said that his argument was inconsistent with his Unionism, but clearly he wants to pick and mix those occasions when the Union is important.
 If the Assembly were up and running, I would be prepared to entertain the arguments that the hon. Member for Lagan Valley brings before the Committee. In fact, in that case, we would not be discussing devolved matters unless it had been decided by the Assembly—presumably—that they were to be discussed in this place, in much the same way as the 
 Scottish Parliament discussed the issue in relation to the Sewel motion that brought the Scottish provisions to the Floor of the House here. However, we do not have a functioning Assembly and, at the moment, there is not even a prospect of having one. If there were some date even tentatively set for the commencement of a functioning Assembly, I might have some sympathy for the hon. Gentleman's amendments, but there is not, so I do not. 
 I see this simply as a wrecking amendment in relation to Northern Ireland. The hon. Gentleman questions the relevance of the measure to Northern Ireland. Those are his exact words. Well, I have to say—and I have had the privilege during the past two years of spending considerable time in Northern Ireland—that I consider equality of opportunity and of outcome to be as relevant to people in same-sex relationships in Northern Ireland as to those in this part of the country.

Andrew Selous: I rise briefly to put to the hon. Gentleman the point that I put to the Minister earlier. Given that the Assembly is currently suspended, does he think that when it is reconvened—as we all hope that it soon will be—it should have the opportunity to revisit this matter?

Alistair Carmichael: The Assembly will have the opportunity to revisit those sections of the Bill in respect of which it has legislative competence. Just because the Bill is passed here does not mean that it cannot be meddled with later by the legislative Assembly in Northern Ireland, any more than that would mean that the Scottish Parliament were somehow prohibited from dealing with it.
 The final point that the hon. Member for Lagan Valley made, as an evangelical Christian—I am never quite sure what a non-evangelical Christian is, but he clearly feels it necessary to differentiate himself from other Christians in that way—was that the main Churches were opposed to the measure. If that is the case, I profoundly regret it because as a Christian myself, I think that supporting the Bill is not only compatible with my Christianity but my Christian duty. It is about offering to people in same-sex relationships the same opportunities that others have, and I do not believe that discrimination is something that is in any way Christian.

Andrew Selous: I am grateful to the hon. Gentleman for giving way on that point, and I am grateful to you, Mr. Cook, for your indulgence on the scope of this particular debate. I shall test your patience a little further, because I think that it is worth making the point that a number of us, including I, accept that there are injustices and inequalities, recognise that those need to be dealt with and want to see them dealt with, piecemeal or case by case. However, the fact is that a legal structure is being set up that sits uneasily with many Christians throughout the country. It is quite possible as a Christian to want to remedy individual injustices—I would put myself firmly in that camp—but it is the means by which that is being done that is causing some unease among many people of faith.
 Mr. Carmichael: I am sorry, but that makes even less sense. If it is necessary to have a legal framework in order to cure a system of injustices, then we should have a legal framework. I cannot think of anything in Church doctrine or teaching that tells us that it is wrong to create legal frameworks to cure injustices.
 Finally, the Rainbow project has made a valid point, which I want to put on the record, about homophobic hate crimes in Northern Ireland. Those have significantly increased in the past few years, and even doubled in 2003. The one thought on Northern Ireland that I want to leave with the Committee is what signal it sends to the wider community and to gay and lesbian people in Northern Ireland if we say that it is important to make provision for equality in Great Britain, but not in Northern Ireland.

Christopher Chope: The quality of this debate shows how important it was that we used our discretion to enable it to take place, notwithstanding the guillotine. I hope that we will have the opportunity to put the amendment to a vote before the guillotine comes down at 5 pm.
 Looking at the Library research on this matter, I was much impressed by the fact that in Northern Ireland more than 50 per cent. of people are married, compared with about 40 per cent. in England and Wales. The incidence of marriage is already some 25 per cent. higher in Northern Ireland than in England and Wales. I should have thought that we who represent constituencies outside Northern Ireland should be considering what we could do to try to emulate the sustainable, lasting relationships of Northern Ireland.

John Bercow: It is not a competition.

Christopher Chope: I think that it is a matter of pride. The people of Northern Ireland have many things about which they should be proud, including their education system with its grammar schools and their ability to stick together in marriage. The corollary of what I have just said is that only about half the number of people in Northern Ireland are in cohabitation relationships as are in such relationships in England and Wales. Obviously, a very small proportion of those who are cohabiting in Northern Ireland are doing so in a same-sex relationship.
 We are not comparing like with like, but talking about a distinct part of the United Kingdom, which, according to the results of the 2001 census, is demonstrated to have a different pattern of behaviour compared with what prevails in the rest of the UK.

Chris Bryant: Will the hon. Gentleman give way?

Christopher Chope: No, I shall not, as we must get to the end of the debate as quickly as possible so we can have a vote.
 At the heart of the amendment of my hon. Friend the Member for Lagan Valley is the issue of government by consent. We cannot run the government of the United Kingdom unless we have some consent—a debate that is going on in the other place as well today. There is clearly no majority in 
 favour of the provisions among the people of Northern Ireland, the elected representatives from Northern Ireland in this place or the Members of the suspended Northern Ireland Assembly. I do not think that it is appropriate that Members of this House should impose their will on the people of Northern Ireland when it is obvious that they do not wish to have it imposed upon them.

John Bercow: I have always liked the hon. Member for Lagan Valley. I have always admired his integrity and persistence in campaigning for his principles. Nothing has changed in that respect; I remain of that view and I shall continue to admire him, but I think that he is completely wrong on this issue.
 At the outset, I have to say that I am not all that surprised that a Member of a Unionist party—and I do not say this slightingly—should argue for such a position, because it seems to me, as was pithily encapsulated in the phrase used by the hon. Member for Orkney and Shetland, that all too often the Unionists want pick-and-mix Unionism. They want it when it suits them and not when it does not. I would also make the point in passing that it certainly would not surprise me to hear the hon. Member for North Antrim (Rev. Ian Paisley) arguing such a case. I make that point for the simple reason that I have never been remotely convinced that he is a Unionist at all. I have always subscribed to the view that what he really wants is an independent Northern Ireland of which he is head. 
 In response to the hon. Member for Lagan Valley, who argued his case with sincerity and no little passion, I would say that when it comes to human rights, one cannot have an opt-out. This is a matter not of devolution, but of the application of a common standard of humanity that reflects the belief that people should be treated equally, notwithstanding their different sexual orientation. I simply do not accept the devolution get-out clause, although I am prepared to accept that the hon. Gentleman is sincere in his intention. 
 Secondly, I entirely agree with what was said by the hon. Member for Rhondda on the subject of numbers. If one believes that this is a human rights issue, as I do, numbers are irrelevant. Notwithstanding my liking for the hon. Member for Lagan Valley, I did think it was a case of checkmate, or double bezique, when the hon. Member for Rhondda made the simple—all the best points are simple—but valid point that either way, the argument of the hon. Member for Lagan Valley is defeated. Either there is a huge thirst for civil partnership in Northern Ireland, in which case the attempt to prevent it is unjustified on democratic grounds, or alternatively, very few people will seek to take advantage of it, in which case the hon. Gentleman is making an unholy fuss about not very much. I do not know which way he wants it. 
 Throughout consideration of this issue, I have never accepted the argument—indeed, I made this point on Second Reading—that we are engaged in a zero-sum game on the subject. If it were a zero-sum game, it would follow that any benefit to one individual or 
 group must necessarily entail a disbenefit to another individual or group. It seems to me that that is mistaken. The numbers argument does not wash. 
 Thirdly, on the subject of religion, I confess that I do not have strong religious convictions. I am from a partly Jewish background. I have always strongly asserted a Jewish identity and a commitment to the state of Israel, but I suspect that I am not one of the more religious people on this Committee. People are entitled to their views and religious convictions in all their intensity, but that should not be the guiding criterion to determine what this House does by way of legislation. 
 Indeed, I would go so far as to say that it is a profoundly un-British phenomenon so to wear one's religion on one's sleeve as to think that one should prescribe for other people. The Prime Minister has often been criticised for holding a personal view on the subject of abortion, but not voting for it in the Division Lobby. Although I criticise the Prime Minister for many things, I have always thought that that position is an eminently defensible one. He has a view about abortion personally, but he does not seek to impose it on others by the way in which he votes in the House of Commons. 
 This is, in essence, a matter of fairness and equity and of the challenge to counteract prejudice—a point referred to by the hon. Member for Orkney and Shetland. I do not dispute that the hon. Member for Lagan Valley is not motivated by hatred. He is motivated by a very intense religious conviction and by a belief, if he is honest about it, that homosexuality is, at least in Christian terms, wrong. I do not think that he is motivated by hatred, but many people who would take advantage of the get-out clause in Northern Ireland would indeed be motivated by far more unsavoury considerations and impulses than would ever propel him. 
 I know that the hon. Gentleman is reflecting a view that has been put to him by his constituents, and I do not knock him for that. I hope that it is possible honourably to differ without malice or imputing wrong motives to one's colleagues, but I believe that his amendment is deeply flawed and that it should be rejected by the Committee.

Alan Duncan: In the few remaining minutes, I should like to echo what I believe is the view of the Committee. This should be a nationwide Bill, and there should not be left in the United Kingdom a pocket of potential discrimination that leaves the legislation like a car missing a wheel. It should be uniformly applied, so that we can remove the absurdity of not being able to have a unified taxation system and people having to leave Belfast to come to England to exercise their rights.
 Perhaps I can echo what my hon. Friend the Member for Buckingham has said. The point he has hit upon embraces all the arguments that govern the entire view that anyone might have of this Bill. It is to do with the link between God and politics. The amendment is motivated by the belief that Northern Ireland has a higher level of religious observance and 
 therefore should be free to impose its views on Northern Ireland distinctly from the rest of the United Kingdom. 
 I commend to the hon. Member for Lagan Valley three pamphlets written consecutively in the early 1970s—''Law, Liberty and Morality'', by H.L.A Hart, Devlin, who became a Law Lord, and a priest called Mitchell. They try to wrestle with the extent to which any politician should impose some kind of uniform moral view through the exercise of law in a country. When I read those pamphlets as a teenager, I concluded that we should not do so, largely because it will not work, but also because one should not. 
 Religion is about choosing to live one's life as one chooses, not about imposing that model on others through the power that we have as Members of Parliament. In my view, that fundamentally should govern how we as parliamentarians approach the application of this law throughout the United Kingdom.

Jacqui Smith: This has been a very good debate. I intend to leave sufficient time for the will of the Committee to be tested on the amendment, but the Government strongly believe that the principles of social justice and fairness should apply to the treatment of same-sex couples in Northern Ireland, as they do to same-sex couples in the rest of the United Kingdom. Any delay or postponement of the commencement of civil partnerships in Northern Ireland would undermine those principles. That argument has been made very strongly by several hon. Members.
 Of course, the continuing suspension of the Northern Ireland Assembly is unfortunate. The Government continue to work with the parties in Northern Ireland to reach an agreement that will lead to the restoration of the Assembly, but in the meantime, the good governance of Northern Ireland must continue. The people of Northern Ireland expect that, and they are entitled to it during the period of suspension. While the Assembly remains suspended, legislation concerning Northern Ireland must be made by this Parliament. We have heard no convincing reasons why commencement of the legislation should be delayed. 
 In fact, what we have begun to identify in this debate is, I suspect, the real reasons behind the approach of the amendment with regard to delaying the commencement of the legislation. As other hon. Members pointed out, there has not been any other legislation on which the hon. Member for Lagan Valley or his colleagues have argued for a delay in commencement. That can only lead us to the conclusion that the argument is not about devolution or the sovereignty of the Northern Ireland Assembly, but about opposition to the Bill. As other hon. Members suggested, it behoves us to be clear about what our motivation is. In this debate, I am not sure that that has been clear. 
 The hon. Member for Lagan Valley suggested that there is no support for the legislation in Northern 
 Ireland. It is worth while to remind him that the majority of organisations in Northern Ireland that responded to the consultation—they include the Northern Ireland Human Rights Commission, the Equality Commission for Northern Ireland and the Northern Ireland Committee of the Irish Congress of Trade Unions—supported the Government's policy that civil partnership registration should be introduced to Northern Ireland at the same time that it is introduced to the rest of the United Kingdom. The SDLP, the Women's Coalition, the Alliance party, the Green party, the Progressive Unionist party and Sinn Fein all support the inclusion of Northern Ireland in the Bill. So there is cross-community support for the provisions. 
 I can go further still. As my hon. Friend the Under-Secretary of State for Scotland identified this morning, since the introduction of the Bill at the end of March, the Government have received more than 400 letters from gay and lesbian people in Northern Ireland and their families and friends supporting the establishment of civil partnership. 
 On the point that the hon. Member for South-West Bedfordshire (Andrew Selous) raised, of course the Assembly will, once it is restored, be able to revisit these issues and legislate on them within the remit of transferred matters. The benefit of having a specific Northern Ireland consultation is that it enables people in Northern Ireland to raise any additional Northern Ireland-specific issues that have not previously been addressed. 
 I support many of the arguments made by my hon. Friends and by Opposition Members as to why we should oppose the amendment. The principles are such that they should apply across the United Kingdom. There is no good reason why some couples should remain in an uncertain position while other same-sex couples in the rest of the UK can benefit. Whether in Belfast, Cardiff, Edinburgh or London, lesbian and gay people must be able to benefit from the Bill at the same time as couples elsewhere. We strongly oppose the amendment, and I hope that the hon. Member for Lagan Valley will feel able to seek to withdraw it. 
 Question put, That the amendment be made:—
The Committee divided: Ayes 3, Noes 12.

Question accordingly negatived. 
 Amendments made: No. 97, in clause 253, page 125, line 10, after 'sections' insert 
'(Immigration control and formation of civil partnerships),'.
 No. 98, in clause 253, page 125, line 10, after 'Schedules' insert 
'(Immigration control and formation of civil partnerships),'.
 No. 120, in clause 253, page 125, line 11, at end insert— 
'( ) section (Gender recognition where applicant a civil partner) comes into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers and the Department of Finance and Personnel,'.
 No. 121, in clause 253, page 125, line 12, leave out from beginning to 'and' in line 15 and insert— 
'(b) section 242 comes into force in accordance with provision made by the Department of Finance and Personnel, after consulting the Secretary of State, 
 (c) subject to paragraph (d), section 244(1) and Schedule 24 come into force in accordance with provision made by order by the Secretary of State, 
 (d) the provisions of Schedule 24 listed in subsection (7A), and section 244(1) so far as relating to those provisions, come into force in accordance with provision made by the Department of Finance and Personnel, after consulting the Secretary of State, and 
 (e) sections 244(2) to (6)'.
 No. 122, in clause 253, page 125, line 16, at end insert— 
'(7A) The provisions are— 
 (a) Part 2; 
 (b) in Part 5, paragraphs 62 to 80, 81, 83 to 92 and 95 to 97; 
 (c) Part 6; 
 (d) Parts 9 and 10; 
 (e) Part 13.'.
 No. 123, in clause 253, page 125, line 21, after 'Parliament' insert 
'or any provision which extends to Northern Ireland only'.
 No. 124, in clause 253, page 125, line 23, leave out 'and'. 
 No. 125, in clause 253, page 125, line 27, at end insert 
', and 
 ( ) section 251(2A) and Schedule (Minor and consequential amendments: Northern Ireland) and, so far as relating to any provision which extends to Northern Ireland only, section 251(3) and Schedule 29 come into force in accordance with provision made by order by the Department of Finance and Personnel, after consulting the Secretary of State.'.—[Jacqui Smith.]
 It being Five o'clock, The Chairman proceeded, pursuant to Sessional Order D [6 November 2003] and the Order of the Committee [19 October], as amended [21 October], to put forthwith the Questions necessary to dispose of the business to be concluded at that time. 
 Motion made, and Question put, that Clause 253, as amended, stand part of the Bill:—
The Committee divided: Ayes 12, Noes 3.

Question accordingly agreed to. 
 Clause 253, as amended, ordered to stand part of the Bill.

Clause 254 - Short title

Amendment proposed: No. 126, in clause 254, page 125, line 32, leave out subsection (2).—[Jacqui Smith.] 
 Question put, That the amendment be made:—
The Committee divided: Ayes 12, Noes 2.

Question accordingly agreed to. 
 Motion made, and Question put, That clause 254, as amended, stand part of the Bill:—
The Committee divided: Ayes 12, Noes 2.

Question accordingly agreed to. 
 Clause 254, as amended, ordered to stand part of the Bill.

New clause 1 - Separation

'(1) An action for the separation of the civil partners in a civil partnership may be brought in the Court of Session or in the sheriff court. 
 (2) In such an action the court may grant decree if satisfied that the circumstances set out in any of paragraphs (a) to (d) of section 115(3) are established.'.

New clause 2 - Applications under section 66

'(1) This section applies where a civil partnership has been dissolved or annulled. 
 (2) Subject to subsection (3), an application may be made under section 66 (including that section as extended by section 67) by either former civil partner despite the dissolution or annulment (and references in those sections to a civil partner are to be read accordingly). 
 (3) The application must be made within the period of 3 years beginning with the date of the dissolution or annulment.'.

New clause 3 - Evidence

'(1) Any enactment or rule of law relating to the giving of evidence by a spouse applies in relation to a civil partner as it applies in relation to the spouse. 
 (2) Subsection (1) is subject to any specific amendment made by or under this Act which relates to the giving of evidence by a civil partner. 
 (3) For the avoidance of doubt, in any such amendment, references to a person's civil partner do not include a former civil partner. 
 (4) References in subsections (1) and (2) to giving evidence are to giving evidence in any way (whether by supplying information, making discovery, producing documents or otherwise). 
 (5) Any rule of law— 
 (a) which is preserved by section 7(3) of the Civil Evidence Act 1995 (c.38) or section 118(1) of the Criminal Justice Act 2003 (c.44), and 
 (b) under which in any proceedings evidence of reputation or family tradition is admissible for the purpose of proving or disproving the existence of a marriage, 
 is to be treated as applying in an equivalent way for the purpose of proving or disproving the existence of a civil partnership.'.

New clause 4 - Succession: legal rights arising by virtue of civil partnership

'(1) Where a person dies survived by a civil partner then, unless the circumstance is as mentioned in subsection (2), the civil partner has right to half of the moveable net estate belonging to the deceased at the time of death. 
 (2) That circumstance is that the person is also survived by issue, in which case the civil partner has right to a third of that moveable net estate and those issue have right to another third of it. 
 (3) In this section— 
 ''issue'' means issue however remote, and 
 ''net estate'' has the meaning given by section 36(1) (interpretation) of the Succession (Scotland) Act 1964 (c.41). 
 (4) Every testamentary disposition executed after the commencement of this section by which provision is made in favour of the civil partner of the testator and which does not contain a declaration to the effect that the provision so made is in full and final satisfaction of the right to any share in the testator's estate to which the civil partner is entitled by virtue of subsection (1) or (2), has effect (unless the disposition contains an express provision to the contrary) as if it contained such a declaration. 
 (5) In section 36(1) of the Succession (Scotland) Act 1964 (c.41), in the definition of ''legal rights'', for ''and legitim'' substitute ''legitim and rights under section (Succession: legal rights arising by virtue of civil partnership) of the Civil Partnership Act 2004''.'.

New clause 5 - Validity of civil partnerships registered

'(1) Where two people register as civil partners of each other in England or Wales, the civil partnership is— 
 (a) void, if it would be void in England and Wales under section 49, and 
 (b) voidable, if the circumstances fall within any paragraph of section 170(1). 
 (2) Where two people register as civil partners of each other in Scotland, the civil partnership is— 
 (a) void, if it would be void in Scotland under section 120, and 
 (b) voidable, if the circumstances fall within section 170(1)(d). 
 (3) Subsection (4) applies where two people register as civil partners of each other under an Order in Council under— 
 (a) section 202 (registration at British consulates etc.),or 
 (b) section 203 (registration by armed forces personnel), 
 (''the relevant section''). 
 (4) The civil partnership is— 
 (a) void, if— 
 (i) the condition in subsection (2)(a) or (b) of the relevant section is not met, or 
 (ii) a requirement prescribed for the purposes of this paragraph by an Order in Council under the relevant section is not complied with, and 
 (b) voidable, if— 
 (i) the appropriate part of the United Kingdom is Northern Ireland or England and Wales and the circumstances fall within any paragraph of section 170(1), or 
 (ii) the appropriate part of the United Kingdom is Scotland and the circumstances fall within section 170(1)(d). 
 (5) The appropriate part of the United Kingdom is the part by reference to which the condition in subsection (2)(b) of the relevant section is met. 
 (6) Subsections (7) and (8) apply where two people have registered an apparent or alleged overseas relationship. 
 (7) The civil partnership is void if— 
 (a) the relationship is not an overseas relationship, or 
 (b) (even though the relationship is an overseas relationship) the parties are not treated under Chapter 2 of Part 5 as having formed a civil partnership. 
 (8) The civil partnership is voidable if— 
 (a) the overseas relationship is voidable under the relevant law, 
 (b) the circumstances fall within section 170(1)(d), or 
 (c) where either of the parties was domiciled in Northern Ireland or England and Wales at the time when the overseas relationship was registered, the circumstances fall within section 170(1)(a), (b), (c) or (e). 
 (9) Section 171 applies for the purposes of— 
 (a) subsections (1)(b), (2)(b) and (4)(b), 
 (b) subsection (8)(a), in so far as applicable in accordance with the relevant law, and 
 (c) subsection (8)(b) and (c). 
 (10) In subsections (8)(a) and (9)(b) ''the relevant law'' means the law of the country or territory where the overseas relationship was registered (including its rules of private international law). 
 (11) For the purposes of subsections (8) and (9)(b) and (c), references in sections 170 and 171 to the formation of a civil partnership are to be read as references to the registration of the overseas relationship.'.

New clause 6 - Applications under section 186 by former civil partners etc.

'(1) Where a civil partnership has been dissolved or annulled or is void (whether or not it has been annulled), either party may make an application under section 186 (or under that section as extended by section 187) and references in those sections to a civil partner are to be read accordingly. 
 (2) An application under subsection (1) must— 
 (a) where the civil partnership has been dissolved or annulled, be made within the period of 3 years beginning with the date of the dissolution or annulment, and 
 (b) where a civil partnership is void but has not been annulled and the parties have ceased to live together in the same household, be made within the period of 3 years beginning with the date on which they ceased so to live together.'.

New clause 7 - Evidence (No.2)

'(1) Any enactment or rule of law relating to the giving of evidence by a spouse applies in relation to a civil partner as it applies in relation to the spouse. 
 (2) Subsection (1) is subject to any specific amendment made by or under this Act which relates to the giving of evidence by a civil partner. 
 (3) For the avoidance of doubt, in any such amendment, references to a person's civil partner do not include a former civil partner. 
 (4) References in subsections (1) and (2) to giving evidence are to giving evidence in any way (whether by supplying information, making discovery, producing documents or otherwise). 
 (5) Any rule of law— 
 (a) which is preserved by Article 22(1) of the Criminal Justice (Evidence) (Northern Ireland) Order 2004, and 
 (b) under which in any proceedings evidence of reputation or family tradition is admissible for the purpose of proving or disproving the existence of a marriage, 
 is to be treated as applying in an equivalent way for the purpose of proving or disproving the existence of a civil partnership.'.

New clause 8 - Restriction on publicity of reports of proceedings

'Section 1 of the Matrimonial Causes (Reports) Act (Northern Ireland) 1966 (c.29 (N.I.)) (restriction on publication of reports of proceedings) shall extend to proceedings— 
 (a) for the dissolution or annulment of a civil partnership or for the legal separation of civil partners, 
 (b) under section 176, 
 (c) under Part 7 of Schedule 16, or 
 (d) under Part 9 of Schedule 16 in relation to an order under Part 7 of that Schedule.'.

New clause 9 - Gender recognition where applicant a civil partner

'(1) Amend the Gender Recognition Act 2004 (c.7) as follows. 
 (2) In— 
 (a) section 3 (evidence), in subsection (6)(a), and 
 (b) section 4 (successful applications), in subsections (2) and (3), 
 after ''is married'' insert ''or a civil partner''. 
 (3) In section 5 (subsequent issue of full certificates)— 
 (a) in subsection (2), after ''is again married'' insert ''or is a civil partner'', 
 (b) in subsection (6)(a), for ''is not married'' substitute ''is neither married nor a civil partner'', and 
 (c) for the heading substitute ''Issue of full certificates where applicant has been married''. 
 (4) After section 5 insert— 
 ''5A Issue of full certificates where applicant has been a civil partner 
 (1) A court which— 
 (a) makes final a nullity order made on the ground that an interim gender recognition certificate has been issued to a civil partner, or 
 (b) (in Scotland) grants a decree of dissolution on that ground, 
 must, on doing so, issue a full gender recognition certificate to that civil partner and send a copy to the Secretary of State. 
 (2) If an interim gender recognition certificate has been issued to a person and either— 
 (a) the person's civil partnership is dissolved or annulled (otherwise than on the ground mentioned in subsection (1)) in proceedings instituted during the period of six months beginning with the day on which it was issued, or 
 (b) the person's civil partner dies within that period, 
 the person may make an application for a full gender recognition certificate at any time within the period specified in subsection (3) (unless the person is again a civil partner or is married). 
 (3) That period is the period of six months beginning with the day on which the civil partnership is dissolved or annulled or the death occurs. 
 (4) An application under subsection (2) must include evidence of the dissolution or annulment of the civil partnership and the date on which proceedings for it were instituted, or of the death of the civil partner and the date on which it occurred. 
 (5) An application under subsection (2) is to be determined by a Gender Recognition Panel. 
 (6) The Panel— 
 (a) must grant the application if satisfied that the applicant is neither a civil partner nor married, and 
 (b) otherwise must reject it. 
 (7) If the Panel grants the application it must issue a full gender recognition certificate to the applicant.'' 
 (5) In— 
 (a) section 7 (applications: supplementary), in subsection (1), 
 (b) section 8 (appeals etc.),in subsections (1) and (5), and 
 (c) section 22 (prohibition on disclosure of information), in subsection (2)(a), 
 after ''5(2)'' insert '', 5A(2)''. 
 (6) In section 21 (foreign gender change and marriage), in subsection (4), after ''entered into a later (valid) marriage'' insert ''or civil partnership''. 
 (7) In section 25 (interpretation), in the definition of ''full gender recognition certificate'' and ''interim gender recognition certificate'', for ''or 5'' substitute '', 5 or 5A''. 
 (8) In Schedule 1 (Gender Recognition Panels), in paragraph 5, after ''5(2)'' insert '', 5A(2)''. 
 (9) In Schedule 3 (registration), in paragraphs 9(1), 19(1) and 29(1), for ''or 5(2)'' substitute '', 5(2) or 5A(2)''.'.

New clause 10 - Immigration control and formation of civil partnerships

'Schedule (Immigration control and formation of civil partnerships) contains provisions relating to the formation of civil partnerships in the United Kingdom by persons subject to immigration control.'.

New clause 11 - Power to assimilate provisions relating to civil registration in England and Wales

'(1) The Chancellor of the Exchequer may by order make— 
 (a) such amendments of this Act as appear to him appropriate for the purpose of assimilating any provision connected with the formation or recording of civil partnerships in England and Wales to any provision made (whether or not under an order under section 1 of the Regulatory Reform Act 2001 (c.6)) in relation to civil marriage in England and Wales, and 
 (b) such amendments of other enactments and of subordinate legislation as appear to him appropriate in consequence of any amendments made under paragraph (a). 
 (2) ''Civil marriage'' means marriage solemnised otherwise than according to the rites of the Church of England or any other religious usages. 
 (3) ''Amendment'' includes repeal or revocation. 
 (4) ''Subordinate legislation'' has the same meaning as in the Interpretation Act 1978 (c.30).'.

New schedule 1 - Minor and consequential amendments:

Interpretation Act (Northern Ireland) 1954 (c.33 (N.I.)) 
 1 In section 46 (miscellaneous definitions), in subsection (2), after the definition of ''barrister-at-law'' insert— 
 '' ''civil partnership'' means a civil partnership which exists under the Civil Partnership Act 2004 (and any reference to a civil partner shall be construed accordingly);''. 
 Trustee Act (Northern Ireland) 1958 (c.23 (N.I.)) 
 2 (1) Amend section 32(3)(a) (trust on reaching 18 or marrying under that age of accumulations during infancy) as follows. 
 (2) In sub-paragraph (i)— 
 (a) after ''marries under that age'' insert ''or forms a civil partnership under that age'', and 
 (b) for ''or until his marriage'' substitute '', or until his marriage or his formation of a civil partnership,''. 
 (3) In sub-paragraph (ii), after ''marriage'' insert '', or on formation of a civil partnership,''. 
 (4) In the words after that sub-paragraph, after ''marriage'' insert ''or formation of a civil partnership''. 
 3 (1) Amend section 34(1)(b) (trust to maintain principal beneficiary and his spouse and issue on failure of protective trust under paragraph (a)(ii)) as follows. 
 (2) In sub-paragraphs (i) and (ii), for ''wife or husband'' substitute ''spouse or civil partner''. 
 (3) In sub-paragraph (ii), after ''married'' insert ''or formed a civil partnership''. 
 Perpetuities Act (Northern Ireland) 1966 (c.2 (N.I.)) 
 4 (1) Amend section 3 (uncertainty as to remoteness) as follows. 
 (2) In subsection (4)(a), after ''spouse'' insert ''or civil partner''. 
 (3) In subsection (5)(f), after ''spouse'' insert ''or civil partner''. 
 5 (1) Amend section 5 (condition relating to death of surviving spouse) as follows. 
 (2) After ''spouse'' insert ''or civil partner''. 
 (3) In the heading to section 5, after ''spouse'' insert ''or civil partner''. 
 Office and Shop Premises Act (Northern Ireland) 1966 (c.26 (N.I.)) 
 6 In section 2 (exception for premises in which only employer's relatives or outworkers work), in subsection (1), after ''wife'' insert '', civil partner''. 
 Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c.35 (N.I.)){**?tpkend=255**} 
 7 In section 10 (orders to which Part 2 of the Act applies), in subsection (2), after paragraph (h) insert— 
 ''(i) paragraph 2(1)(a) or (d), 25, 26(3) or 28(1)(a) or (d) of Schedule 16, Schedule 17, or paragraph 9 of Schedule 18 so far as that paragraph applies Part 1 of Schedule 16, to the Civil Partnership Act 2004;''. 
 8 (1) Amend section 13 (variation of orders registered in courts of summary jurisdiction) as follows. 
 (2) In subsection (5A), after ''1980'' insert ''or paragraph 42 of Schedule 17 to the Civil Partnership Act 2004''. 
 (3) In subsection (7B), after ''1989'' insert ''or paragraph 9 of Schedule 18 so far as that paragraph applies Part 1 of Schedule 16''. 
 Census Act (Northern Ireland) 1969 (c.8 (N.I.)) 
 9 In the Schedule (matters of which particulars may be required), in paragraph 5, after ''marriage'' insert ''or civil partnership''. 
 Theft Act (Northern Ireland) 1969 (c.16 (N.I.)) 
 10 (1) Amend section 29(1) (effect on civil proceedings and rights) as follows. 
 (2) For ''wife or husband'' substitute ''spouse or civil partner''. 
 (3) For ''married after the making of the statement or admission) against the wife or husband'' substitute ''married or became civil partners after the making of the statement or admission) against the spouse or civil partner''. 
 Industrial and Provident Societies Act (Northern Ireland) 1969 (c.24 (N.I.)) 
 11 (1) Amend section 22 (nomination to property in society) as follows. 
 (2) In subsection (2), for ''husband, wife,'' substitute ''spouse, civil partner,''. 
 (3) In subsection (6)— 
 (a) for ''marriage of'' substitute ''formation of a marriage or civil partnership by''; 
 (b) after ''before the marriage'' insert ''or civil partnership was formed''; 
 (c) for ''a marriage contracted'' substitute ''the formation of a marriage or civil partnership''. 
 12 In the definition of ''member of the family'' in section 101(1) (interpretation), for ''husband, wife,'' substitute ''spouse, civil partner,''. 
 Land Registration Act (Northern Ireland) 1970 (c.18 (N.I.)) 
 13 In Schedule 11 (matters required to be registered in the Statutory Charges Register), after paragraph 45 insert— 
 ''46 An order under paragraph 59(2) of Schedule 16 to the Civil Partnership Act 2004 to the extent that by virtue of paragraph 61(1)(b) of that Schedule it renders liable to be set aside at the instance of an applicant for financial relief a disposition of any land in Northern Ireland which is specified in the order.'' 
 Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971 (c.7 (N.I.)) 
 14 In section 1 (general right to acquire fee simple or to obtain extension of lease), in subsection (3)(f)(i) to (iv), after ''spouse'' insert ''or civil partner''. 
 15 In section 19 (restrictions on right to extension of lease or to acquire fee simple), in subsection (1)(a)(i), after ''spouse'' insert ''or civil partner''. 
 Civil Evidence Act (Northern Ireland) 1971 (c.36 (N.I.)) 
 16 (1) Amend section 10 (privilege against incrimination of self or spouse). 
 (2) In subsection (1), for ''husband or wife'' substitute ''spouse or civil partner''. 
 (3) In the heading to section 10, after ''spouse'' insert ''or civil partner''. 
 Local Government Act (Northern Ireland) 1972 (c.9 (N.I.)) 
 17 In section 30 (relatives of councillors), in subsection (6) (relevant family relationship)— 
 (a) after ''husband and wife'' insert ''or civil partners''; 
 (b) after ''husband or wife'' insert (in both places) ''or civil partner''. 
 18 In section 146 (interpretation: pecuniary interests), in subsection (2) (interests of spouses living together)— 
 (a) after ''spouses'' insert (in both places) ''or civil partners''; 
 (b) after ''spouse'' insert (in both places) ''or civil partner''. 
 Employers' Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 (S.I. 1972/963 (N.I. 6)) 
 19 In Article 6(a) (persons whom employer is not required to insure) after ''husband, wife,'' insert ''civil partner,''. 
 Births and Deaths Registration (Northern Ireland) Order 1976 (S.I. 1976/1041 (N.I. 14)) 
 20 In Article 2(2) (interpretation), in the definition of ''relative'', after ''by marriage'' insert ''or civil partnership''. 
 Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15)) 
 21 In Article 2(6) (meaning of ''near relative'')— 
 (a) after ''wife or husband'' (in both places) insert ''or civil partner'', and 
 (b) for ''by affinity)'' substitute ''by marriage or civil partnership)''. 
 Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)) 
 22 In Article 3(3)(e)(iii) (objects of Pharmaceutical Society include providing relief for distressed relatives), for ''widows,'' substitute ''surviving spouses, surviving civil partners,''. 
 Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4)) 
 23 (1) Amend Article 11 (evidence in connection with offences under the Order) as follows. 
 (2) For ''wife or husband'' substitute ''spouse or civil partner''. 
 (3) For ''married after the making of the statement or admission) against the wife or husband'' substitute ''married or became civil partners after the making of the statement or admission) against the spouse or civil partner''. 
 Judicature (Northern Ireland) Act 1978 (c.23) 
 24 In section 31 (remittal and removal of proceedings), in subsection (7)(b), after ''1882'' insert ''or section 186 of the Civil Partnership Act 2004''. 
 25 (1) Amend section 35(2) (restrictions on appeals to Court of Appeal from High Court) as follows. 
 (2) After paragraph (e) insert—
''(ea) from a dissolution order, nullity order or presumption of death order under Chapter 2 of Part 4 of the Civil Partnership Act 2004 that has been made final, by a party who, having had time and the opportunity to appeal from the conditional order on which the final order was founded, has not appealed from that conditional order;''.
(3) In paragraph (g)(iv), after ''matrimonial cause'' insert '', a conditional order in a civil partnership cause''. 
 26 (1) Amend section 94A (withdrawal of privilege against incrimination of self or spouse in certain proceedings) as follows. 
 (2) In subsection (1), after ''spouse'' insert ''or civil partner''. 
 (3) In subsection (3), for ''married after the making of the statement or admission) against the spouse'' substitute ''married or became civil partners after the making of the statement or admission) against the spouse or civil partner''. 
 Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9)) 
 27 In Article 22 (powers of inspectors), in paragraph (7), for ''husband or wife'' substitute ''spouse or civil partner''. 
 Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15)) 
 28 (1) Insert after Article 2(4)—
''(4A) References in this Order to the formation of a civil partnership by a person include references to a civil partnership which is by law void or voidable.''
29 In Article 13 (grounds on which marriage is void), at the end of paragraph (1)(d) insert ''or a civil partner''. 
 30 (1) Amend Article 17 (marriages governed by foreign law or celebrated abroad under certain enactments or common law) as follows. 
 (2) In paragraph (1), at the beginning insert ''Subject to paragraph (3)''. 
 (3) After paragraph (2) insert— 
 ''(3) No marriage is to be treated as valid by virtue of paragraph (1) if, at the time when it purports to have been celebrated, either party was already a civil partner.'' 
 31 (1) Amend Article 30 (duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage) as follows. 
 (2) In paragraph (1)(a) and (b) after ''remarriage of'' insert '', or formation of a civil partnership by,''. 
 (3) In paragraph (2)— 
 (a) after ''remarriage of'' insert '', or formation of a civil partnership by,'', and 
 (b) after ''the remarriage'' insert ''or formation of the civil partnership''. 
 (4) In paragraph (3), after ''remarries whether at any time before or after the commencement of this Article'', insert ''or forms a civil partnership''. 
 (5) In the heading to Article 30, after ''remarriage'' insert ''or formation of civil partnership''. 
 32 In Article 37 (alteration of agreements by court during lives of parties), in paragraph (4)(a) and (b), after ''remarriage of'' insert '', or formation of a civil partnership by,''. 
 33 (1) Amend Article 40 (orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage) as follows. 
 (2) In paragraph (1)— 
 (a) in sub-paragraph (a), after ''remarriage of'' insert '', or formation of a civil partnership by,'', and 
 (b) in sub-paragraph (b), after ''remarriage'' insert ''or formation of the civil partnership''. 
 (3) In paragraph (6)— 
 (a) in sub-paragraph (a), after ''remarriage of'' insert '', or formation of a civil partnership by,'', and 
 (b) in the words following sub-paragraph (b), after ''had remarried'' insert ''or formed a civil partnership''. 
 (4) In the heading to Article 40, after ''remarriage'' insert ''or formation of civil partnership''. 
 Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27)) 
 34 In Article 8 (limitations on rehabilitation), in paragraph (2)(c), after ''marriage,'' insert ''civil partnership,''. 
 Criminal Appeal (Northern Ireland) Act 1980 (c.47) 
 35 In section 47A (appeals in cases of death), in subsection (3)(a), after ''widower'' insert ''or surviving civil partner''. 
 County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)) 
 36 In Article 10 (general civil jurisdiction), after paragraph (3) insert—
''(3A) Except as provided by the Civil Partnership Act 2004, a county court which is not a civil partnership proceedings county court shall not have jurisdiction to hear any cause or matter to which that Act applies.''
37 In Article 14 (jurisdiction in equity matters), in paragraph (j), after ''1882'' insert ''or section 186 of the Civil Partnership Act 2004''. 
 38 In Article 39 (capacity of parties), in paragraph (2)(d), after ''marriage, death or bankruptcy of'' insert '', or the formation of a civil partnership by,''. 
 Domestic Proceedings (Northern Ireland) Order 1980 (S.I. 1980/563 (N.I. 5)) 
 39 In Article 6 (duration of orders for financial provision for a party to a marriage), in paragraph (2)— 
 (a) after ''remarriage of'' insert '', or formation of a civil partnership by,'', and 
 (b) after ''the remarriage'' insert ''or formation of the civil partnership''. 
 40 (1) Amend Article 40 (orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage) as follows. 
 (2) In paragraph (1)— 
 (a) in sub-paragraph (a), after ''remarriage of'' insert '', or formation of a civil partnership by,'', and 
 (b) in sub-paragraph (b), after ''that remarriage'' insert ''or the formation of that civil partnership''. 
 (3) In paragraph (8)— 
 (a) in sub-paragraph (a), after ''remarriage of'' insert '', or formation of a civil partnership by,'', and 
 (b) in the words following sub-paragraph (b)— 
 (i) after ''the remarriage'' insert ''or the formation of that civil partnership'', and 
 (ii) after ''had remarried'' insert ''or formed a civil partnership''. 
 (4) In the heading to Article 40, after ''remarriage'' add ''or formation of civil partnership''. 
 Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6) 
 41 In Article 4 (judgments to which Order applies), in paragraph (e), after ''1980'' insert ''or Part 1, 2 or 6 of Schedule 17 to the Civil Partnership Act 2004''. 
 42 In Article 6 (judgments to which Order does not apply), in paragraph (c), after ''matrimonial jurisdiction'' insert ''or by the High Court or a civil partnership proceedings county court in the exercise of its civil partnership jurisdiction''. 
 43 In Article 7 (The Enforcement of Judgments Office), in paragraph (3), after ''domestic'' insert ''or civil partnership''. 
 44 In Article 25 (taking custody of goods under a money judgment), in paragraph (2)(b), after ''spouse'' insert ''or civil partner''. 
 45 In Article 32 (property which may be seized), in paragraph (d), after ''spouse'' (in each place) insert ''or civil partner''. 
 46 In Article 33 (property exempt from seizure), in paragraph (a), after ''spouse'' (in each place) insert ''or civil partner''. 
 47 In Article 36 (where seizure may be effected), in paragraph (a)(i), after ''spouse'' insert ''or civil partner''. 
 48 In Article 38 (power of entry under order of seizure), after ''spouse'' insert ''or civil partner''. 
 49 In Article 44 (interpleader), in paragraph (1), after ''spouse'' insert ''or civil partner''. 
 50 (1) Amend Article 96A (maintenance orders in the High Court and divorce county courts) as follows. 
 (2) In paragraphs (1), (3)(a), (7) and (9) after ''divorce county court'' insert (in each place) ''or civil partnership proceedings county court''. 
 (3) In the heading to Article 96A, for ''divorce'' substitute ''certain''. 
 51 (1) Amend Article 98 (power of courts to make attachment of earnings orders) as follows. 
 (2) In paragraph (a)(i), after ''matrimonial'' insert ''or civil partnership''. 
 (3) In paragraph (a)(ii), after ''matrimonial jurisdiction'' insert ''or a civil partnership proceedings county court in the exercise of its civil partnership jurisdiction''. 
 52 (1) Amend Article 107 (committal for default) as follows. 
 (2) In paragraph (1)(c), after ''matrimonial jurisdiction'' insert ''or by the High Court or a civil partnership proceedings county court in the exercise of its civil partnership jurisdiction''. 
 (3) In paragraph (2)(a)(ii), after ''matrimonial'' insert ''or civil partnership''. 
 Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) 
 53 In Article 14(4) (resources of person's wife or husband treated as resources of that person), for ''wife or husband'' substitute ''spouse or civil partner''. 
 54 In Part 1 of Schedule 1 (proceedings for which legal aid may be given), in paragraph 3(b), after ''1998'' insert ''or Schedule 17 to the Civil Partnership Act 2004''. 
 Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) 
 55 In Article 85 (orders for periodical payment: means of payment), in paragraph (8)(a)(ii), after ''1980'' insert '', the Civil Partnership Act 2004''. 
 56 In Article 86 (revocation, variation, etc.,of orders for periodical payment), in paragraph (1), after ''1980'' insert ''and paragraph 42 of Schedule 17 to the Civil Partnership Act 2004''. 
 57 In Article 88 (nature of domestic proceedings), after paragraph (dh), insert— 
 ''(di) under paragraph 54 of Schedule 16 to the Civil Partnership Act 2004 or under Schedule 17 to that Act;''.
58 In Article 98 (enforcement of orders for periodical payment of money), in paragraph (11)(i), after ''1980'' insert ''or Schedule 17 to the Civil Partnership Act 2004''. 
 59 In Article 99 (enforcement of orders for payment of money other than periodical payments), in paragraph (11), after ''1980'' insert ''or Part 1, 2 or 6 of Schedule 17 to the Civil Partnership Act 2004''. 
 60 In Article 143 (appeals in other cases), after paragraph (3) insert— 
 ''(4) Paragraph (1) is also subject to paragraph 8(2) of Schedule 17 to the Civil Partnership Act 2004 and Article 31(1) of the Domestic Proceedings (Northern Ireland) 1980 as applied by paragraph 46 of that Schedule.'' 
 61 In Article 164 (appearance by counsel or solicitor), in paragraph (3), for ''husband, wife'' substitute ''spouse, civil partner''. 
 Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13)) 
 62 In Article 10 (exemptions from liability for conspiracy), in paragraph (2)(a), after ''spouse'' insert ''or civil partner''. 
 Forfeiture (Northern Ireland) Order 1982 (S.I. 1982/1082 (N.I. 14)) 
 63 In Article 5 (application for financial provision not affected by the forfeiture rule), at the end of paragraph (2)(b) insert ''and 
 (c) paragraphs 45 (variation of secured periodical payments order) and 58 (alteration of maintenance agreements by court) of Schedule 16 to the Civil Partnership Act 2004''. 
 Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 (S.I. 1984/1984 (N.I. 14)) 
 64 (1) Amend Article 18 (prohibited degrees of relationship) as follows. 
 (2) In paragraph (1), for the words from ''between a man'' to ''that Table'' substitute ''between a person and any person mentioned in the list in Part 1 of the following Table''. 
 (3) For the Table in paragraph (1) substitute— 
 ''Part 1 
 Prohibited Degrees of Relationship 
 Adoptive child 
 Adoptive parent 
 Child 
 Former adoptive child 
 Former adoptive parent 
 Grandparent 
 Grandchild 
 Parent 
 Parent's sibling 
 Sibling 
 Sibling's child 
 Part 2 
 Degrees of Affinity referred to in Paragraphs (2A) and (2B) 
 Child of former civil partner 
 Child of former spouse 
 Former civil partner of grandparent 
 Former civil partner of parent 
 Former spouse of grandparent 
 Former spouse of parent 
 Grandchild of former civil partner 
 Grandchild of former spouse 
 Part 3 
 Degrees of Affinity referred to in Paragraphs (2C) and (2D) 
 Parent of former spouse 
 Parent of former civil partner 
 Former spouse of child 
 Former civil partner of child''. 
 (4) In paragraph (2)— 
 (a) in sub-paragraph (b), for the words ''brother or sister'' substitute ''sibling''; 
 (b) in sub-paragraph (c), after the word ''marriage'' insert ''or civil partnership''. 
 (5) In paragraph (2A), for the words from ''between a man'' to ''that Part II'' substitute ''between a person and any person mentioned in the list in Part 2 of that Table''. 
 (6) In paragraph (2C), for the words from ''between a man'' to ''that Part III'' substitute ''between a person and any person mentioned in the list in Part 3 of that Table''. 
 (7) In paragraph (2D), for sub-paragraphs (a) to (d) substitute— 
 ''(a) in the case of a marriage between a person and the parent of a former spouse of that person, after the death of both the former spouse and the former spouse's other parent; 
 (b) in the case of a marriage between a person and the parent of a former civil partner of that person, after the death of both the former civil partner and the former civil partner's other parent; 
 (c) in the case of a marriage between a person and the spouse of a child of that person, after the death of both the child and the child's other parent; 
 (d) in the case of a marriage between a person and the former civil partner of a child of that person, after the death of both the child and the child's other parent.'' 
 Credit Unions (Northern Ireland) Order 1985 (S.I. 1985/1205 (N.I. 12)) 
 65 (1) Amend Article 2(2) (interpretation) as follows. 
 (2) After the definition of ''board of directors'' insert— 
 '' ''civil partner'' includes former civil partner;''. 
 (3) In the definition of ''member of the family''— 
 (a) in paragraphs (a), (b) and (c), after ''spouse'' insert ''or civil partner'', and 
 (b) in paragraph (ii), for ''a child born in wedlock'' substitute ''the legitimate child of the relationship in question''. 
 66 (1) Amend Article 17 (nomination to property in credit union) as follows. 
 (2) In paragraph (2), after ''wife,'' insert ''civil partner,''. 
 (3) In paragraph (6)— 
 (a) for ''marriage of'' substitute ''formation of a marriage or civil partnership by''; 
 (b) after ''before the marriage'' insert ''or civil partnership was formed''; 
 (c) for ''a marriage contracted'' substitute ''the formation of a marriage or civil partnership''. 
 Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) 
 67 (1) Amend Schedule 1 (persons by whom a medical recommendation or medical report under Article 12 may not be given) as follows. 
 (2) In paragraph 3, after ''spouse,'' insert ''civil partner,''. 
 (3) In paragraph 4, after ''spouse'' insert ''or civil partner''. 
 Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I. 6)) 
 68 (1) Amend Article 10A (meaning of ''offer to the public'') as follows. 
 (2) In paragraph (3)(a)(iii), for ''widow or widower'' substitute ''surviving spouse or surviving civil partner''. 
 (3) In paragraph (6)(a), after ''spouse'' insert ''or civil partner''. 
 69 In Article 11 (employees' share scheme), in paragraph (b), for ''wives, husbands, widows, widowers'' substitute ''spouses, civil partners, surviving spouses, surviving civil partners''. 
 70 In Article 211 (notification of family and corporate interests), in paragraph (1), after ''spouse'' insert ''or civil partner''. 
 71 (1) Amend Article 335 (extension of Article 331 to spouses and children) as follows. 
 (2) In paragraph (1)— 
 (a) in sub-paragraph (a), after ''wife or husband'' insert ''or civil partner'', and 
 (b) in the words following sub-paragraph (b), after ''as the case may be,'' insert ''civil partner or''. 
 (3) In the heading to Article 335, after ''spouses'' insert '', civil partners''. 
 72 (1) Amend Article 336 (extension of Article 332 to spouses and children) as follows. 
 (2) In paragraphs (1)(a) and (2)(a), after ''wife or husband'' insert ''or civil partner''. 
 (3) In paragraph (3)— 
 (a) in sub-paragraph (a), after ''spouse'' insert ''or civil partner'', and 
 (b) in sub-paragraph (b), after ''spouse'' insert ''or civil partner'' and after ''wife, husband,'' insert ''civil partner,''. 
 (4) In the heading to Article 336, after ''spouses'' insert '', civil partners''. 
 73 In Article 354 (connected persons) in paragraph (2)— 
 (a) in sub-paragraph (a), after ''spouse,'' insert ''civil partner,'', 
 (b) in sub-paragraph (c), after ''spouse'' (in both places) insert ''or civil partner''. 
 74 In Article 423E (associates), in paragraph (8) after ''spouse'' insert ''or civil partner''. 
 75 In Schedule 7 (matters to be dealt with in directors' report), in paragraph 2B(3) (immediate family), after ''spouse'' insert '', civil partner''. 
 Enduring Powers of Attorney (Northern Ireland) Order 1987 (S.I. 1987/1627 (N.I. 16)) 
 76 In Article 5 (scope of authority etc.of attorney under enduring power), in paragraph (5)(a), for ''or marriage'' substitute ''marriage or the formation of a civil partnership''. 
 77 (1) Amend paragraph 2(1) of Schedule 1 (persons entitled to receive notice) as follows. 
 (2) In head (a), after ''wife'' insert ''or civil partner''. 
 (3) In head (e), after ''widower'' insert ''or surviving civil partner''. 
 78 Paragraphs 73 and 74 apply in relation to the exercise of powers under enduring powers of attorney created before the passing of this Act as well as to those created on or after its passing. 
 Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (S.I. 1989/677 (N.I. 4)) 
 79 (1) Amend Article 16 (applications for financial relief after overseas divorce etc.)as follows. 
 (2) In paragraph (2) (no application may be made after remarriage), for ''remarries'' substitute ''forms a subsequent marriage or civil partnership,''. 
 (3) For paragraph (3) substitute— 
 ''(3) The reference in paragraph (2) to the forming of a subsequent marriage or civil partnership includes a reference to the forming of a marriage or civil partnership which is by law void or voidable.'' 
 Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) 
 80 (1) Amend Article 4 (meaning of ''associate'') as follows. 
 (2) For paragraph (2) substitute— 
 ''(2) A person is an associate of an individual if that person is— 
 (a) the individual's husband or wife or civil partner, 
 (b) a relative of— 
 (i) the individual, or 
 (ii) the individual's husband or wife or civil partner, or 
 (c) the husband or wife or civil partner of a relative of— 
 (i) the individual, or 
 (ii) the individual's husband or wife or civil partner.'' 
 (3) In paragraph (3), after ''husband or wife'' insert ''or civil partner''. 
 (4) In paragraph (8), at the end insert ''and references to a civil partner include a former civil partner''. 
 81 In Article 179 (proceedings under Article 177 and 178), in paragraph (3)(b), after ''marriage'' insert ''or the formation of a civil partnership''. 
 82 In Article 286 (charge on bankrupt's home), in paragraph (1), after ''former spouse'' insert ''or by his civil partner or former civil partner''. 
 83 (1) Amend Article 302 (debts to spouse) as follows. 
 (2) In paragraph (1), after ''spouse'' (in each place) insert ''or civil partner''. 
 (3) In the heading to Article 302, after ''spouse'' insert ''or civil partner''. 
 84 In Article 305 (saving for bankrupt's home), in paragraph (1), after ''former spouse'' insert ''or by his civil partner or former civil partner''. 
 85 In Article 312 (transactions at an undervalue), in paragraph (3)(b), after ''marriage'' insert ''or the formation of a civil partnership''. 
 86 In Article 337 (inquiry into bankrupt's dealings and property), in paragraph (1)(a), after ''former spouse'' insert ''or civil partner or former civil partner''. 
 87 In Article 367 (transactions defrauding creditors), in paragraph (1)(b), after ''marriage'' insert ''or the formation of a civil partnership''. 
 Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) 
 88 (1) Amend Article 79 (compellability of accused's spouse) as follows. 
 (2) In paragraphs (2), (2A) and (3), for ''wife or husband'' (in each place) substitute ''spouse or civil partner''. 
 (3) After paragraph (5) insert— 
 ''(5A) In any criminal proceedings a person who has been but is no longer the civil partner of the accused shall be compellable to give 
evidence as if that person and the accused had never been civil partners.'' 
 (4) In the heading to Article 79, after ''accused's spouse'' insert ''or civil partner''. 
 89 In Article 79A (rule where accused's spouse not compellable)— 
 (a) for ''wife or husband'' substitute ''spouse or civil partner'', and 
 (b) in the heading, after ''spouse'' insert ''or civil partner''. 
 Companies (Northern Ireland) Order 1990 (S.I. 1990/593 (N.I. 5)) 
 90 In Article 54 (meaning of ''associate''), in paragraph (2)(a) after ''spouse'' insert ''or civil partner''. 
 Food Safety (Northern Ireland) Order 1991 (S.I. 1991/762 (N.I. 7)) 
 91 In Article 42 (continuance of registration or licence on death), in paragraph (2), for the words from ''the deceased's personal representative'' to ''his death'' substitute ''the deceased's personal representative, or widow or widower or surviving civil partner or any other member of the deceased's family, until the expiration of— 
 (a) the period of 3 months from the date of the deceased's death''. 
 Industrial Relations (Northern Ireland) Order 1992 (S.I.1992/807 (N.I.5)) 
 92 In Article 23 (recovery of sums awarded in proceedings involving trade unions and employers' associations), in the definition of ''provident benefits'' in paragraph (3), for ''wife'' substitute ''spouse or civil partner''. 
 Pension Schemes (Northern Ireland) Act 1993 (c.49) 
 93 In section 97E (discharge of liability where pension credit or alternative benefits secured by insurance policies or annuity contracts), in subsection (1)(b), after ''or widower'' insert ''or civil partner''. 
 Family Law (Northern Ireland) Order 1993 (S.I. 1993/1576 (N.I. 6)) 
 94 (1) In Article 12 (family proceedings rules), amend paragraph (3)(g) as follows. 
 (2) After ''1978'' insert ''or a civil partnership cause within the meaning of section 185(3) of the Civil Partnership Act 2004''. 
 (3) After ''that Article 48'' insert (in both places) ''that section 185(3)''. 
 (4) After ''divorce county court'' insert ''or civil partnership proceedings county court''. 
 Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) 
 95 In Article 8 (residence, contact and other orders with respect to children), after paragraph (4)(h) insert— 
 ''(i) Chapter 2 of Part 4 of, or Schedule 16, 17 or 18 to, the Civil Partnership Act 2004''. 
 96 In Article 50 (care orders and supervision orders), in paragraph (4), for ''married)'' substitute ''married or a civil partner)''. 
 97 In Article 67 (powers to assist in discovery of children who may be in need of emergency protection), in paragraph (2), after ''spouse'' insert ''or civil partner''. 
 98 In Article 69 (recovery of abducted children, etc.),in paragraph (11), after ''spouse'' insert ''or civil partner''. 
 99 In Article 166 (appeals), at the end of paragraph (2)(b) insert ''or 
 (c) where the county court is a civil partnership proceedings county court exercising jurisdiction under the Civil Partnership Act 2004 in the same proceedings''. 
 100 In Article 171 (self-incrimination), in paragraph (2), after ''spouse'' insert ''or civil partner''. 
 Trade Union and Labour Relations (Northern Ireland) Order 1995(S.I.1995/1980 (N.I.12)) 
 101 In Article 125 (intimidation or annoyance by violence or otherwise), in paragraph (1)(a), for ''wife'' substitute ''spouse or civil partner''. 
 Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16)) 
 102 In Article 85A (time off for dependants), in paragraph (3)(a), after ''spouse'' insert ''or civil partner''. 
 103 In Article 248 (institution or continuance of tribunal proceedings), in paragraph (5)(b), for ''widow or widower'' substitute ''surviving spouse, surviving civil partner''. 
 Registration of Clubs (Northern Ireland) Order 1996 (S.I. 1996/3159 (N.I. 23)) 
 104 In Schedule 1 (provisions to be included in rules of club), in paragraph 11, for ''husband, wife'' substitute ''spouse, civil partner''. 
 Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6)) 
 105 In Article 23(7) (exceptions: meaning of ''near relative'')— 
 (a) after ''spouse'' (in both places) insert ''or civil partner'', and 
 (b) for ''by affinity)'' substitute ''by marriage or civil partnership)''. 
 Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21)) 
 106 In Article 30(7) (exceptions: meaning of ''near relative'')— 
 (a) after ''spouse'' insert ''or civil partner'', and 
 (b) for ''by affinity)'' substitute ''by marriage or civil partnership)''. 
 107 In Article 69(3)(c) (interpretation: connected person), after ''wife or husband'' (in each place) substitute ''or civil partner''. 
 Welfare Reform and Pensions (Northern Ireland) 1999 (S.I. 1999/3147 (N.I. 11)) 
 108 (1) Amend Article 21 (supply of pension information in connection with divorce etc.)as follows. 
 (2) After paragraph (1)(a)(i) insert— 
 ''(ia) financial relief under Schedule 16 or 18 to the Civil Partnership Act 2004 (powers in relation to domestic and overseas dissolution of civil partnerships etc.);''. 
 (3) In paragraph (1)(a)(ii), after ''1984'' insert ''or Schedule 6 or 8 to the 2004 Act''. 
 (4) In paragraph (1)(a)(iii), after ''1984'' insert ''or Schedule 12 to the 2004 Act''. 
 (5) In paragraph (1)(b), after ''(a)(i)'' insert '', (ia)''. 
 109 (1) Amend Article 22 (charges by pension arrangements in relation to earmarking orders) as follows. 
 (2) After paragraph (a) insert— 
 ''(aa) an order under Part 1 of Schedule 16 to the Civil Partnership Act 2004 (financial provision orders in connection with dissolution of civil partnerships etc.)so far as it includes provision made by virtue of Part 5 of that Schedule (powers to include provision about pensions),''. 
 (3) At the end of paragraph (b) omit ''or'' and after that paragraph insert— 
 ''(bb) an order under Part 1 of Schedule 6 to the 2004 Act so far as it includes provision made by virtue of Part 6 of that Schedule (England and Wales powers corresponding to those mentioned in paragraph (aa)), or''. 
 110 (1) Amend Article 25 (activation of pension sharing) as follows. 
 (2) After paragraph (1)(a) insert— 
 ''(aa) a pension sharing order under Schedule 16 to the Civil Partnership Act 2004,''. 
 (3) After paragraph (1)(b) insert— 
 ''(ba) an order under Schedule 18 to the 2004 Act (financial relief in Northern Ireland after overseas dissolution etc.of a civil partnership) corresponding to such an order as is mentioned in paragraph (aa),''. 
 111 (1) Amend Article 31 (''implementation period'') as follows. 
 (2) In paragraph (1)(b)(i), omit ''matrimonial''. 
 (3) In paragraph (2)— 
 (a) omit ''matrimonial'', and 
 (b) in sub-paragraph (b), after ''divorce'' insert '', dissolution''. 
 112 (1) Amend Article 45 (activation of benefit sharing) as follows. 
 (2) After paragraph (1)(a) insert— 
 ''(aa) a pension sharing order under Schedule 16 to the Civil Partnership Act 2004,''. 
 (3) After paragraph (1)(b) insert— 
 ''(ba) an order under Schedule 18 to the 2004 Act (financial relief in Northern Ireland after overseas dissolution etc.of a civil partnership) corresponding to such an order as is mentioned in paragraph (aa),''. 
 Housing (Northern Ireland) Order 2003 (S.I. 2003/412 (N.I. 2)) 
 113 In Article 85 (meaning of exempt disposal), after paragraph (3)(d) insert— 
 ''(e) Part 2 of Schedule 16 or 18 to the Civil Partnership Act 2004;.'' 
 Marriage (Northern Ireland) Order 2003 (S.I. 2003/413 (N.I. 3)) 
 114 (1) Amend Article 5 (power to require evidence) as follows. 
 (2) In paragraph (3)(c), after ''marital'' insert ''and civil partnership''. 
 (3) After paragraph (3) insert— 
 ''(4) In paragraph (3)(c), ''marital and civil partnership status'', in relation to a person, means whether that person has previously formed a marriage or a civil partnership, and if so, whether that marriage or civil partnership has ended.'' 
 115 In Article 6 (objections), in paragraph (6)(b), after ''married'' insert ''or a civil partner''. 
 Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)) 
 116 In Article 39 (conditional fee agreements: supplementary), in paragraph (2) (definition of ''family proceedings''), after sub-paragraph (f) insert— 
 ''(g) Chapter 2 of Part 4 of, or Schedules 16, 17 or 18 to the Civil Partnership Act 2004,''. 
 117 In Schedule 2 (civil legal services: excluded services), in paragraph 2(d)(i), after ''1998'' insert ''or Schedule 17 to the Civil Partnership Act 2004''. 
 Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3)) 
 118 In Article 2(2) (interpretation), in the definition of ''relative''— 
 (a) in paragraphs (a) and (b), for ''spouse or former spouse'' substitute ''spouse, former spouse, civil partner or former civil partner''; 
 (b) after ''as husband and wife'' insert ''or as if they were civil partners''; 
 (c) after ''married to each other'' insert ''or were civil partners of each other''.''.

New schedule 3

Immigration control and formation

Part 1 
 Introduction 
 Application of Schedule 
 1 (1) This Schedule applies if— 
 (a) two people wish to register as civil partners of each other, and 
 (b) one of them is subject to immigration control. 
 (2) For the purposes of this Schedule a person is subject to immigration control if— 
 (a) he is not an EEA national, and 
 (b) under the Immigration Act 1971 (c.77) he requires leave to enter or remain in the United Kingdom (whether or not leave has been given). 
 (3) ''EEA national'' means a national of a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (as it has effect from time to time). 
 The qualifying condition 
 2 (1) For the purposes of this Schedule the qualifying condition, in relation to a person subject to immigration control, is that the person— 
 (a) has an entry clearance granted expressly for the purpose of enabling him to form a civil partnership in the United Kingdom, 
 (b) has the written permission of the Secretary of State to form a civil partnership in the United Kingdom, or 
 (c) falls within a class specified for the purpose of this paragraph by regulations made by the Secretary of State. 
 (2) ''Entry clearance'' has the meaning given by section 33(1) of the Immigration Act 1971 (c.77). 
 (3) Section 25 of the Asylum and Immigration (Treatment of Claimants, etc.)Act 2004 (c.19) (regulations about applications for permission to marry) applies in relation to the permission referred to in sub-paragraph (1)(b) as it applies in relation to permission to marry under sections 19(3)(b), 21(3)(b) and 23(3)(b) of that Act. 
 Part 2 
 England and Wales 
 Application of this Part 
 3 This Part of this Schedule applies if the civil partnership is to be formed in England and Wales by signing a civil partnership schedule. 
 Procedure for giving notice of proposed civil partnership 
 4 (1) Each notice of proposed civil partnership under Chapter 1 of Part 2 of this Act— 
 (a) must be given to a registration authority specified for the purposes of this paragraph by regulations made by the Secretary of State, and 
 (b) must be delivered to the relevant individual in person by the two proposed civil partners. 
 (2) ''The relevant individual'' means such employee or officer or other person provided by the specified registration authority as is determined in accordance with regulations made by the Secretary of State for the purposes of this sub-paragraph. 
 (3) Regulations under sub-paragraph (2) may, in particular, describe a person by reference to the location or office where he works. 
 (4) Before making any regulations under this paragraph the Secretary of State must consult the Registrar General. 
 Declaration 
 5 The necessary declaration under section 9 must include a statement that the person subject to immigration control fulfils the qualifying condition (and the reason why). 
 Recording of notice 
 6 (1) The fact that a notice of proposed civil partnership has been given must not be recorded in the register unless the registration authority is satisfied by the production of specified evidence that the person fulfils the qualifying condition. 
 (2) ''Specified evidence'' means such evidence as may be specified in guidance issued by the Registrar General. 
 Supplementary 
 7 (1) Part 2 of this Act has effect in any case where this Part of this Schedule applies subject to any necessary modification. 
 (2) In particular section 52 has effect as if the matters proof of which is not necessary in support of the civil partnership included compliance with this Part of this Schedule. 
 (3) An expression used in this Part of this Schedule and in Chapter 1 of Part 2 of this Act has the same meaning as in that Chapter. 
 Part 3 
 Scotland 
 Application of this Part 
 8 This Part of this Schedule applies if the civil partnership is to be formed in Scotland. 
 Procedure for giving notice of proposed civil partnership 
 9 (1) Notice under section 86— 
 (a) may be submitted to the district registrar of a district specified for the purposes of this paragraph by regulations made by the Secretary of State, and 
 (b) may not be submitted to the district registrar of any other registration district. 
 (2) Before making any regulations under this paragraph the Secretary of State must consult the Registrar General. 
 Pre-condition for making entry in civil partnership notice book etc. 
 10 (1) Where the district registrar to whom notice is submitted by virtue of paragraph 9(1) is the district registrar for the proposed place of registration, he shall neither— 
 (a) make an entry under section 87, nor 
 (b) complete a civil partnership schedule under section 92, 
 in respect of the proposed civil partnership unless satisfied, by the provision of specified evidence, that the intended civil partner subject to immigration control fulfils the qualifying condition. 
 (2) Where the district registrar to whom notice is so submitted (here the ''notified registrar'') is not the district registrar for the proposed place of registration (here the ''second registrar'')— 
 (a) the notified registrar shall, if satisfied as is mentioned in sub-paragraph(1), send the notices and any fee, certificate or declaration which accompanied them, to the second registrar, and 
 (b) the second registrar shall be treated as having received the notices from the intended partners on the dates on which the notified registrar received them. 
 (3) ''Specified evidence'' means such evidence as may be specified in guidance issued by the Secretary of State after consultation with the Registrar General. 
 Supplementary 
 11 (1) Part 3 of this Act has effect in any case where this Part of this Schedule applies subject to any necessary modification. 
 (2) An expression used in this Part of this Schedule and in Part 3 of this Act has the same meaning as in that Part. 
 Part 4 
 Northern Ireland 
 Application of this Part 
 12 This Part of this Schedule applies if the civil partnership is to be formed in Northern Ireland. 
 Procedure for giving civil partnership notices 
 13 (1) The civil partnership notices must be given— 
 (a) only to a prescribed registrar, and 
 (b) in prescribed cases by both parties together in person at a prescribed register office. 
 (2) Before making any regulations under this paragraph the Secretary of State must consult the Registrar General. 
 Accompanying statement as to the qualifying condition 
 14 A civil partnership notice given by a person subject to immigration control must be accompanied by a statement that the person fulfils the qualifying condition (and the reason why). 
 Civil partnership notice book and civil partnership schedule 
 15 (1) No action must be taken under section 136(1) or 139 (civil partnership notice book and civil partnership schedule) unless the prescribed registrar is satisfied by the production of specified evidence that the person fulfils the qualifying condition. 
 (2) If the prescribed registrar is satisfied as mentioned in sub-paragraph (1) but is not the registrar for the purposes of section 136(1), the prescribed registrar must send him the civil partnership notices and he is to be treated as having received them when the prescribed registrar received them. 
 (3) ''Specified evidence'' means such evidence as may be specified in guidance issued by the Secretary of State after consultation with the Registrar General. 
 Supplementary 
 16 (1) Part 4 of this Act has effect in any case where this Part of this Schedule applies subject to any necessary modification. 
 (2) In particular, section 172 has effect as if the matters proof of which is not necessary in support of the civil partnership included compliance with this Part of this Schedule. 
 (3) In this Part of this Schedule— 
 (a) ''prescribed'' means prescribed by regulations made by the Secretary of State; 
 (b) ''registrar'' means a person appointed under section 148(1)(a) or (b) or (3); 
 (c) other expressions have the same meaning as in Chapter 1 of Part 4 of this Act. 
 (4) Section 18(3) of the Interpretation Act (Northern Ireland) 1954 (c.33(N.I.)) (provisions as to holders of offices) shall apply to this Part of this Schedule as if it were an enactment within the meaning of that Act. 
 Part 5 
 Regulations 
 17 Any power to make regulations under this Schedule is exercisable by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.'.—[Jacqui Smith.]
 Brought up, and read the First and Second time. 
 Motion made, and Question put, That the new clauses and schedules be added to the Bill:—
The Committee divided: Ayes 12, Noes 2.

Question accordingly agreed to.

Jacqui Smith: On a point of order, Mr. Cook. As we are coming to the end of this stage of the Bill, perhaps I might express my appreciation of what my hon. Friend the Under-Secretary of State for Scotland called your stoicism and the good order that you have been able to maintain in the Committee, as well as Mr. Gale's contribution from the Chair. Perhaps I could also record the appreciation of all members of the Committee for the work of the Clerks and Reporters—and whoever prints the voting papers, because clearly they have been hard at work during this Committee stage.
 I should also like to record my appreciation of my colleagues. We have had a particularly talented and informed group of Labour Back Benchers on the Committee and, in particular, I would like to record my thanks to my hon. Friend the Under-Secretary and my hon. Friend the Member for West Bromwich, East (Mr. Watson) on the Front Bench. All members of the Committee have, on the whole, contributed 
 constructively to our debates. We have had some good debates when we have been able to have the debates that the Bill deserves. 
 I also want to put on the record my personal appreciation of the very large team of officials who have worked not just during this part of the process, but during the many months and years of the run-up to it in all airts and pairts of the country. I have learned something as we have gone through the Bill. 
 Finally, I want to record my appreciation of the many stakeholders who have contributed to our consideration and development of the Bill, particularly the couples whom I was able to meet during the consultation process. They showed me not only that we are putting right the practical difficulties that they face in their lives, but, through the joy that they feel at the possibility of their relationships having the recognition and respect that they and their families want, that we are undertaking something of which many of us should feel proud.

Alan Duncan: Further to that point of order, Mr. Cook. May I associate myself with what the Minister said and thank you and Mr. Gale for chairing our proceedings so efficiently? I also thank the Clerks and the Official Reporters. I, too, have behind me a talented and informed team of colleagues in their infinite variety. I hope that, in the limited time available, we have done our duty in trying to make good law.

Alistair Carmichael: Further to that point of order, Mr. Cook. I want to associate myself and my hon. Friend the Member for Gordon with the comments of the Minister and the hon. Member for Rutland and Melton, particularly concerning the various Officers of the House who have worked so hard to make our deliberations so efficient and speedy. I also thank you, Mr. Cook, and Mr. Gale. It has been apparent to a number of us this afternoon that you have not been without personal discomfort and the fact that you have been prepared to endure that for the smooth running of the House is much appreciated.

Christopher Chope: Further to that point of order, Mr. Cook. I would like to associate myself with all the comments that have been made and the thanks that have been expressed. I particularly want to thank you, Mr. Cook, and Mr. Gale, and to remind the Committee that it was you who fearlessly opposed the law on handguns in the teeth of joint Front Bench support for that legislation. It is already apparent that you were right.

Frank Cook: Order. That concludes the business of this Committee.
 Bill, as amended, to be reported. 
 Committee rose at nine minutes past Five o'clock.